a.x t6^
L\BH
A«t
The
NORTH CAROLINA
REGISTER
IN THIS ISSUE
EXECUTIVE ORDERS
ADMINISTRATIVE ORDERS
PROPOSED RULES
Administration
Agriculture
Human Resources
Labor
NR&CD
FINAL RULES
Corrections
LIST OF RULES AFFECTED
ISSUE DATE: MARCH 16, 1987
Volume 1 • Issue 12 • Pages 807-847
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
i
NORTH CAROLINA REGISTER
The Nonh Carolina Register is published monthly and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter I50B of the
General Statutes All proposed administrative rules and amend-
ments filed under Chapter I50B must be published in the Register.
The Register will typically comprise approximatelv one hundred
pages per issue of legal text.
State law requires that a copy of each issue be provided free
of charge to each county in the state and lo various stale officials
and institutions. The North Carolina Register is available by
yearly subscription at a cost of ninety-five dollars ($95 00) for
12 issues
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings. P. O.
Drawer 11666, Raleigh. N C. 27604. Attn Subscriptions.
ADOPTION, AMENDMENT, AND REPEAL OF RLLES
An agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register The notice must include a reference to the Statutory
Authority for the action; the time and place of the public hearing
and a statement of how public comments may be submitted to
the agency either at the hearing or otherwise; the text of the
proposed rule or amendment; and the proposed effective date.
The Director of the Office of Administrative Hearings has
authority to publish a summary, rather than the full text, of any
amendment which is considered to be too lengthy In such case,
the full text of the rule containing the proposed amendment will
be available for public inspection at the Rules Division of the
Office of Administrative Hearings and at the office of the
promulgating agency
Following publication of the proposal in the North Carolina
/Register, at least 60 days must elapse before the agency may take
action on the proposed adoption, amendment or repeal
When final action is taken, the promulgating agency must file
any adopted or amended rule with the Office of .Administrative
Hearings. If it differs substantially from the proposed form
published as part of the public notice, the adopted version will
again be published in the North Carolina Register
A rule, or amended rule, cannot become effective earlier than
the first day of the second calendar month after the adoption is
filed.
Proposed action on rules may be withdrawn b\ the pro-
mulgating agency at any time before final action is taken by the
agency.
TEMPORARY RULES
Under certain conditions of an emergency nature, some
agencies may issue temporary rules A temporary rule becomes
effective when adopted and remains in effect for the period
specified in the rule or 120 days, whichever is less. .An agency
adopting a temporary rule must begin norma! rule-making
procedures on the permanent rule at the same time the temporary
rule is adopted.
NORTH CAROLINA ADMINISTRATIVE CODE
The Nonh Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 state
agencies and .^8 occupational licensing boards The NCAC
comprises approximately l.S.OOO letter size, single spaced pages
of material of which approximately ^S'^t is changed annually.
Compilation and publication of the NCAC is mandated by G.S
l50B-63(b).
The Code is divided into Titles and Chapters Each state agency
IS assigned a separate (itlc which is funher broken down by
chapters. Title 2 I is dcsigna;ed lor (Kcupational licensing boards.
The NCAC is available in two I'ormats.
( 1 ) In looseleaf pages at a minimum cost of two dollars and
50 cents ($2 50) for 10 pages or less, plus fifteen cents
($0 15) per each additmnal page
(2) On microfiche The microfiche edition is revised semi-
annually (March and October) and can be purchased for
fonv dollars (S40 (X)) per edition. Due to the volume
of the Code, the complete copy can only be purchased on
microfiche The NCAC on microfiche is updated
monthly by publication of a "List of Rules Affected"
which ids out rules filed the previous month, the action
taken, and the effective date of the change This list is
published in the North Carolina Register
Requests for looseleaf pages of rules or the NCAC on
microfiche should be directed to the Office of Administrative
Hearings
NOTE
The foregoing is a generalized statement of the procedures to
be followed For specific statutory language, it is suggested that
Anicles 2 and 5 of Chapter 1508 of the General Statutes by
examined carefully.
CITATION TO THE NORTH CAROLINA REGISTER
The North Carolina Register is cited by volume, issue, page
number and date 1:1 NCR 101-201, April 1, 1986 refers to
Volume 1 . Issue 1. pages 101 through 201 of the North Carolina
Register issued on April 1. 1986.
.North Carolina Register Published monthly by the
Office of Administrative Hearings. P O Drawer 11666,
Raleigh, North Carolina 27604, pursuant to Chapter 150B
of the General Statutes Subscriptions ninety-five dollars
($95 00) per year.
North Carolina Administrative Code Published in
March and October by the Office of Administrative
Hearings. P. O. Drawer 1 1666, Raleigh, Nonh Carolina
27604, pursuant to Chapter 150B of the General Statutes.
Subscriptions forty dollars ($40.00) per edition.
NORTH CAROLINA REGISTER
Office of Administrative Hearings
P. 0. Drawer 11666
Raleigh, NC 27604
(919) 733 - 2678
Staff:
Robert A. Melott,
Director
James R. Scarcella,
Deputy Director
Molly Mason,
Assistant Director
Ruby Creech,
Publications Coordinator
Mary Fowler,
Editorial Assistant
Teresa Johnson,
Editorial Assistant
Tammy Poole,
Records Clerk
ISSUE CONTENTS
EXECUTIVE ORDERS
Executive Orders 32-33
807
II. ADMINISTRATIVE ORDERS
Appointment of
Delores Del Gaudio Nesnow. 809
III. PROPOSED RULES
Administrat ion
Clean Water Bond Act . . .810
Agriculture
Food and Drug 810
Pesticide Board 811
Human Resources
Health Services 811
Labor
Elevator Division .... 816
NRaCD
Community Assistance . . . 831
IV. FINAL RULES
Corrections
Prisons 836
V. LIST OF RULES AFFECTED
Volume n. No. 5 840
(March 1, 1987)
VI. CUMULATIVE INDEX 844
NORTH CAROLINA REGISTER
Publication Deadlines and Schedules
(April 1986 - March 1987)
Issue
Last Day
Last Day
Earliest
Earliest
X
Date
for
for
Date for
Date for
Earliest
Filing
Electronic
Public
Adoption
Effective
Filing
Hearing
by Agency
Date
12/15/86
11/25/86
12/02/86
01/14/87
02/13/87
05/01/87
01/15/87
12/29/86
01/05/87
02/14/87
03/16/87
06/01/87
02/16/87
01/26/87
02/02/87
03/18/87
04/17/87
07/01/87
03/16/87
02/23/87
03/02/87
04/15/87
05/15/87
08/01/87
04/15/87
03/26/87
04/02/67
05/15/87
06/14/87
09/01/87
05/15/87
04/27/87
05/04/87
06/14/87
07/14/87
10/01/87
06/15/87
05/26/87
06/02/87
07/15/87
08/14/87
11/01/87
07/15/87
06/25/87
07/02/87
08/14/87
09/13/87
12/01/87
08/14/87
07/27/87
08/03/87
09/13/87
10/13/87
01/01/88
09/15/87
08/26/87
09/02/87
10/15/87
11/14/87
02/01/88
10/15/87
09/25/87
10/02/87
11/14/87
12/14/87
03/01/88
11/16/87
10/27/87
11/03/87
12/16/87
01/15/88
04/01/88
12/15/87
11/23/87
12/02/87
01/14/88
02/13/88
05/01/88
01/15/88
12/28/87
01/04/88
02/14/88
03/15/88
06/01/88
02/15/88
01/26/88
02/02/88
03/16/88
04/15/88
07/01/88
03/15/88
02/24/88
03/02/88
04/14/88
05/14/88
08/01/88
X The "Earliest Effective Date" was considering the agency files the
rules with The Administrative Rules Review Cofflmission the same
calendar month as adoption by agency and ARRC approves the rules at
the next calendar month meeting.
EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 32
GOVERNOR'S LITERACY COUNCIL
By authority vested in
me as Governor by the
Constitution and laws of North
Carolina, it is ORDERED:
Section 1 . ESTABLISHMENT
There is hereby
established in the Office of the
Governor, the Governor's
Literacy Council. The Council
shall be composed of not less
than eleven (11) members
appointed by the Governor to
serve at the pleasure of the
Governor. The Governor shall
designate one (1) of the members
as chairman. The members
appointed by the Governor shall
include the following!
The President of the Community
College System,
The Superintendent of Public
Instruction,
The Secretary of the
Department of Cultural
Resources,
A Representative from the
Employment Security Commission,
A Representative from the
North Carolina Literacy
Council,
A Representative from the
North Carolina University
System,
A Representative from business
and industry in North Carolina,
The President of the
North Carolina Association of
Independent Colleges and
Universities,
Two Representatives from the
Governor's Office, and
A Cabinet Officer from
the Governor's Cabinet.
Section 2. FUNCTIONS
(a) The Council shall
meet regularly at the call of
the chairman and will hold
special meetings at any time at
the call of the chairman or the
Governor. The Council is
authorized to conduct public
hearings.
(b) The Council shall
have the following duties:
( 1 ) To serve as a
forum for constituencies
concerned with adult
literacy. •
(2) To facilitate
coordination of programs and
linkages between agencies,
organizations and groups
concerned with literacy.
(3) To identify
issues, problems, and
solutions for increasing
literacy in North Carolina.
(4) To serve as an
advisory group to the
Governor on problems and
recommendations for
eliminating illiteracy in
North Carolina.
(5) To issue a
report on or proposed
solutions to state of
literacy in North Carolina.
(6) Other duties as
assigned by the Governor.
Section 3. ADMINISTRATION
(a) Support for the
Council shall be provided by
such departments and agencies as
the Governor from time to time
shall direct .
(b) Members of the
Council shall be reimbursed for
necessary travel and subsistence
expenses authorized by General
Statute 138-5. Reimbursements
of such expenses shall be paid
by such departments and agencies
as the Governor from time to
time shall direct.
Section 4. IMPLEMENTATION
AND DURATION
(a) This order shall be
effective immediately.
(b) The Council shall
dissolve at the pleasure of the
Governor but no later than
February 1, 1989.
This order is effective
this 16th day of February, 1987.
EXECUTIVE ORDER NUMBER 33
AMENDING EXECUTIVE ORDER
NUMBER ONE ( 1 )
EXTENDING EXPIRATION DATE
OF EXECUTIVE ORDER NUMBER 1
TO JANUARY 29, 1989
Executive Order Number 1
issued on January 31, 1985, and
amended by Executive Order
Number 30 expires on January 31,
1987. It has been made to
appear that this Executive Order
should continue in effect.
NOW, THEREFORE, IT IS
NORTH CAROLINA REGISTER
807
ORDERED that Executive Order This action is effective
Number 1 dated January 31, 1985, this the 30th day of January,
is extended for two years up to 1987.
and through January 29, 1989.
808 NORTH CAROLINA REGISTER
ADMINISTRATIVE ORDER
STATE OF NORTH CAROLINA
Office of Administrative Hearings
TO ALL TO WHOM THESE PRESENTS SHALL COME - GREETING:
I, Robert A. Melott, Reposing special trust and confidence in the
integrity and knowledge of DOLORES DEL GAUDIO NESNOW, now, by virtue of
the authority vested in me by law I do hereby appoint her Administrative
Law Judge and confer upon her all of the rights, privileges and powers
useful and necessary to the just and proper discharge of her duties.
In Witness IVhereof, I have hereunto signed my name and affixed the
Seal of the Office of Administrative Hearings of the State of North
Carolina, at Raleigh, North Carolina, this the 1st day of March 1987,
s/Robert A. Melott
Chief Administrative Law Judge
Director
NORTH CAROLINA REGISTER 809
PROPOSED RULES
TITLE 1 - DEPARTMENT OF
ADMINISTRATION
Notice is hereby given in
accordance with G.S. 150B-12
that the Department of
Administration intends to amend
regulation cited as 1 NCAC 22
.0201 .
The proposed effective date of
this action is July 1, 1987.
Statutory Authority: S. L. 1977,
Ch. 677.
The public hearing will be
conducted at 10:00 a.m. on April
16» 1987 at Ground Floor Hearing
Room, Archdale Building, 512 N.
Salisbury St., Raleigh, NC
27611 .
Comment Procedures: All persons
interested in this matter are
invited to attend. Comments,
statements, data, and other
information may be submitted in
writing prior to, during, or
within thirty (30) days after
the hearing or may be presented
orally at the hearing. Oral
statements may be limited to
five (5) minutes at the
discretion of the hearing
officer. For further
information or the submission of
written comments, contact Patty
Johnson, DNRCD, P. 0. Box 27687,
Raleigh, NC 27611 (919)
733-6376.
Department of Administration,
additional funds may be made
available to the Environmental
Management Commission or the
Division of Health Services from
the contingency account of the
Clean Water Fund if the Advisory
Budget Commission determines
that there are sufficiently
compelling reasons for providing
funds for grants, or any portion
thereof, from the contingency
account. Grant isayiueut*. and New
grants from any uncommitted
funds which exist as of June 30,
1982, may be made through June
30, 1987.
TITLE 2 - AGRICULTURE
Notice is hereby given in
accordance with G.S. 150B-12
that the N.C. Pesticide Board
intends to amend and repeal
regulations cited as 2 NCAC 9L
.0501, .0517; 27A .0001-.0003i
27B .0001-. 0002; 27C
.0001-. 0002; 28A .0001-. 0003;
28B .0001-. 0002; 28C
.0001-. 0002.
The proposed effective date of
this action is July 1, 1987.
Statutory Authority: G.S.
143-434 to 143-470.
The public
conducted at
24, 1987
Agriculture
Edenton
27611 .
hearing will be
1:00 p.m. on April
at Board Room,
Building, One
Street, Raleigh,
NC
CHAPTER 22 - CLEAN WATER
BOND ACT
SECTION .0200 - GRANTS
.0201 GENERAL
Subject to the provisions
governing annual allocation of
funds set forth in the act,
grants may be made from the
pollution control account by the
Environmental Management
Commission and from the water
supply systems account by the
Division of Health Services to
assist units of government in
financing the cost of
construction of new or the
improvement or expansion of
existing wastewater treatment
works, wastewater collection
systems and water supply systems
during the period July 1, 1977,
through June 30, 1982. If the
funds allocated for any of these
fiscal yjars are insufficient,
upon recommendation of the
Environmental Management
Commission or the Division of
Health Services and the
Comment Procedures: Data,
opinion, and argument
concerning these rule; must be
submitted to the North Carolina
Pesticide Board by or on April
24, 1987. Written comments may
be mailed directly to Mr. John
L. Smith, Secretary, North
Carolina Pesticide Board, P.O.
Box 27647, Raleigh, NC 27611.
CHAPTER 9 - FOOD AND DRUG
PROTECTION DIVISION
SUBCHAPTER 9L - PESTICIDE
SECTION
SECTION .0500 - PESTICIDE
LICENSES
.0501 CRITERIA FOR
PESTICIDE DEALER
(REPEALED)
.0517 PASSING GRADES
Passing grade for the
examinations will be grade 70.
and can he changed vt -the
discretion <rf thw board.
810
NORTH CAROLINA REGISTER
CHAPTER 27 - PESTICIDE BOARD
SUBCHAPTER 27A - ORGANIZATION
.0001
.0002
130A-315; 130A-317;
and P. L. 93-523.
143B-193;
,0003
FUNCTION OF BOARD
(REPEALED)
POWER AND DUTIES OF
COMMISSIONER OF
AGRICULTURE (REPEALED)
BOARD MEMBERS
(REPEALED)
SUBCHAPTER 27B - MEETINGS
.0001 MEETING DATE
(REPEALED)
.0002 PLACE OF MEETING
(REPEALED)
SUBCHAPTER 27C - REGULATION
ADOPTION
.0001 AUTHORITY OF BOARD
(REPEALED)
.0002 CITATION OF RULES AND
REGULATIONS (REPEALED)
CHAPTER 28
- PESTICIDE ADVISORY
COMMITTEE
SUBCHAPTER 28A - ORGANIZATION
.0001 BOARD MEMBERS
(REPEALED)
.0002 TERMS OF BOARD
MEMBERS (REPEALED)
.0003 PER DIEM OF MEMBERS
(REPEALED)
SUBCHAPTER 28B - FUNCTIONS
.0001 ADVISORY CAPACITY
(REPEALED)
.0002 ADVISORY CAPACITY!
SCOPE (REPEALED)
SUBCHAPTER 28C - MEETINGS
.0001 SCHEDULING OF
MEETINGS (REPEALED)
.0002 LOCATION OF MEETINGS
(REPEALED)
TITLE 10
DEPARTMENT OF HUMAN
RESOURCES
Notice is hereby given in
accordance with G.S. 150B-12
that the Division of Health
Services intends to adopt and
amend regulations cited as 10
NCAC 4C .0302; 8B .0311 and
.0610; 8G .0705; 1 OD .0903 and
.0906; lOF .0001; .0029-. 0034;
.0041 and .0042.
The proposed effective date of
this action is August ^, 1987.
Statutory Authority: G.S.
130A-5(3); 130A-124; 130A-127;
130A-177; 130A-205; 130A-294(c);
The public hearing will be
conducted at 1:30 p.m. on April
15, 1987 at Highway Building,
Auditorium (First Floor), 1
South Wilmington Street,
Raleigh, North Carolina.
Comment Procedures: Any person
may request information or
copies of the proposed rules by
writing or calling John P.
Barkley, Agency Legal
Specialist, Division of Health
Services, P. 0. Box 2091,
Raleigh, North
27602-2091, (919)
comments
Carolina
733-3131 .
on these
Written
subjects may be sent to Mr.
Barkley at the above address.
Written and oral (for no more
than ten minutes) comments on
these subjects may be presented
at the hearing. Notice should
be given to Mr. Barkley at least
three days prior to the hearing
if you desire to speak.
CHAPTER 4 - HEALTH SERVICES:
OFFICE OF THE DIRECTOR
SUBCHAPTER 4C - PAYMENT PROGRAMS
SECTION .0300 - ELIGIBILITY
PROCEDURES
.0302 AUTHORIZATIONS AND
CLAIMS PROCESSING
TIME FRAMES
The following time frames shall
apply to all payment programs:
-H-)- Regtre-st^ fof author iziat Ion
wtjst' be received by -thw
divis-argn within 3^ days after
initiation o^ i>ei.'vices .
■f£^ A complgt'gd request for
autltori^at-jcm shall include a
complated authorization form,
and a completed eligibility
■fxrrvrr and any documentation
ret?tfis"*<J by "this frafershapter ■
-(-3-)- ?h« division shall approve
ox deny stn authorization
rtrquest, or request
additioTtaJ: information within
45 days isf-tve receipt of the
■f4-)- if additional information
■is reqtiested this information
mws-t bo received by the
divisioTi within 30 days of
the request or t+ta
anthov igat ion request w^ii be
atrbonta tic ally denied .
■(-5-J- The division shall approve
or deny an author izt ion
reqwes* within 45 days after
receipt of ttte necessary
infill L'inat ion .
■f64 A claim for payment must
be stibmitted -to -the division
warth^js +&& days after
NORTH CAROLINA REGISTER
811
compleLion «yf -Hre authorized
&jr vii-e> xxr within 50 days
after the date o^
author izatiai'i approval by tit«
divisioiu whichever « later .
Except ■ftrr phaimat-y
outpatient service claims, a
claim -for- payment sliall rtrrb
b« accepted unless -rfc
indicates that iro other third
party payui. a are invul v<id> oar
that aii other third party
payors have made payment <
danitfd payment, or have been
billed but liave not provided
a definitive response within
&& days after completion «rf
t+te autl'ioi. ized sei vices . A
pl-iai.macy outpatient service
claim Lliall include an
accuuiitiiiy of third payments,
denials o^ payment, arrd t+te
i;tatus of pending tliird party
claims .
(7 ) Failure ■to providn a
claim -for payntjul -in
accordance with t+te
provisions of Paragraph -fS-)-
of tiris Rttie shall result ±n
cancellation of the approval
of ttre autliorlzation request .
■f6^ The division shall make
payment to the provider
within 45 days after receipt
of a valid claim for payment
for authorized services .
■(-9-)- The director of each
payment pioyram way make
exceptions to the provisions
of Pdiagi aplis -H-)- and 44-)- of
this Rule wlicn justifiable
cause -ts shown . However, no
exception sliall be made "to
approve an authorization
request received after +fr&
days from the date service
was initiated.
(10) Requests for
authorization and claims -for
payment ■for inpatient,
outpatient, physician,
dental , and pharmacy services
shall be submitted on forms
provided by -the division atr
■its principal aJdiess .
(1) Requests for authorization
must be received by the
division within 90 davs after
the date of service.
(2) The division shall respond
to an authorization request
within 45 davs after receipt.
(3) If additional information
is requested , this
information must be received
within 90 davs after the date
of service or within 30 davs
after the date of the
division's request, whichever
is later.
(4) The division shall approve
or deny an authorization
request within 45 days after
receipt of the necessary
information.
(5) All claims for payment
must be received by the
division within 180 days
after the date of service or
within 45 days after the date
of authorization approval.
whichever is later .
Corrections to claims and
requests for payment
adjustment must be received
by the division within one
year after the date of
service or within 45 days
after the date the claim is
paid or returned for
addit ional
information.
whichever is later.
(6) A claim must show payments
by other third party payors
or it must show that all
other payors have denied
payment or that there are no
other payors. Once another
payor has been billed, if no
response has been received
within 80 days after the date
of service, the provider may
bill the division, but the
claim must indicate that the
other payor has been billed
and no response has been
received . Providers of
pharmacy outpatient services
are not required to wait 80
davs before billing the
division but are required to
refund the division if other
third party payments are
received .
(7) The division shall make
payment to the provider
within 45 days after receipt
of a completed claim.
(8) Requests for authorization
and claims for payment shll
be submitted on forms
approved bv the division.
CHAPTER 8
HEALTH: PERSONAL
HEALTH
SUBCHAPTER 8B - MATERIAL AND
CHILD HEALTH
SECTION .0300 - LOCAL HEALTH
DEPARTMENT PROGRAM
AND FUNDING
.0311 CLIENT ELIGIBILITY
To be eligible for maternal
and child health ambulatory
services provided by MCH program
funds, clients must meet the
eligibility requirements
established by the local
provider. Financial eligibility
requirements, may not be more
restrictive than those
established by the General
Assembly for non medicaid and
nun Kidney medical pioyiams the
official poverty line issued
812
NORTH CAROLINA REGISTER
annually by the United States
Department of Health and Human
Services ■
SECTION .0600 - PEDIATRIC
PRIMARY CARE PROGRAM
.0610 CLIENT ELIGIBILITY
To be eligible for pediatric
primary care services provided
by pediatric primary care
program funds, clients must meet
the eligibility criteria
established by the local
provider. Financial eligibility
requirements may not be more
restrictive than those
established by -ttt* Geneial
As&embly ftyr non medicaid and
itoii kidney medical piograws the
official poverty line issued
annually by the United States
Department of Health and Human
Services .
SUBCHAPTER 8G - PERINATAL CARE
SECTION .0700 - HIGH RISK
MATERNITY CLINIC FUNDS AND
HIGH RISK MATERNITY CLINIC
REIMBURSEMENT FUNDS '
.0705 CLIENT ELIGIBILITY
(b) To be eligible for
services provided by a perinatal
program high risk maternity
clinic, clients must meet the
following:
(1) financial eligibility
requirements, if any,
established by the clinic,
these requirements shall no+
b« more rea tiictive than
those -in +e NCAO AB These
financial eligibility
requircnents may not be more
restrictive than the
official poverty line issued
annually by the United
States Department of Health
and Human Services; and
(2) medical eligibility
requirements established by
the clinic.
SUBCHAPTER 1 OD - WATER
SUPPLIES
SECTION .0900 - SUBMISSION
OF PLANS. SPECIFICATIONS:
AND REPORTS
.0903 SUBMISSIONS REQUIRED
BY ENGINEER AND WATER
SUPPLIER
Detailed plans and
specifications for community
water system facilities systems
shall be prepared by a
professional engineer licensed
to practice in the State of
North Carolina. The plans shall
bear an imprint of the
registration seal of the
engineer. Upon completion of
the construction or modification
of the community water system
the water supplier shall submit
a statement signed by a
registered professional engineer
and affixed with his
professional engineering seal
stating that construction was
completed in accordance with
approved plans and
specifications and revised only
in accordance with the
provisions of .0906 of this
Section. The statement shall be
based upon periodic observations
during and unon completion of
construction by the engineer or
a representative of the
engineer's office who is under
the engineer's supervision to
insure the truth of statement.
.0906 CHANGES IN PLANS OR
SPECIFICATIONS AFTER
APPROVAL
No deviation Any deviations
from the approved plan trr and
specifications shall be made
unless amended plans showing
such proposed changes shall have
been submitted "to ■tmd approved
by the Department of Human
Resources . affecting capacity,
hydraulic conditions, operating
units, the functioning of water
treatment processes, the quality
of water to be delivered, or any
provisos stipulated in the
department' s original and
subsequent letters of approval
must be approved by the
department before any deviations
are made . Revised plans and
specifications shall be
submitted to the department in
time to permit the review and
approval of such plans or
specifications by the department
before any construction work
affected by such deviations is
begun. Failure to comply with
this requirement shall
invalidate any previous approval
of plans and specifications.
SUBCHAPTER 10F - HAZARDOUS WASTE
MANAGEMENT
.0001 GENERAL
(c) 45 Fed Reg. 33,073 (1980)
[to be codified in 40 CFR 260.1
to 260.3 (Subpart A)],
"General," has been adopted by
reference as amended by 51 Fed
Reg. 28,682 and 40,636 (1986).
.0029 IDENTIFICATION AND
LISTING OF HAZARDOUS
WASTES - PART 261
(a) The general provisions
contained in 45 Fed. Reg. 33,119
to 33,121 (1980) [to be codified
in 40 CFR 261.1 to 261.6
NORTH CAROLINA REGISTER
813
(Subpart A)] have been adopted
by reference as amended by 45
Fed. Reg. 72,028, 72,037,
76,620, 76,623, 76,624, and
78,531 (1980); 46 Fed. Reg.
56,588, 56,589, 47,429, 44,972,
44,973 (1981); 48 Fed. Reg.
2,532, 14,293, 14,294, and
30,115 (1983); 49 Fed. Reg.
23,287, and 44,980 (1984); and
50 Fed. Reg. 663, 664, 665,
1,999, 14,219, 28,743, 28,744,
49,202, 49,203, and 33,542,
(1985); and 51 Fed. Reg. 10,174,
10,175 25,472, tmi 28,682,
40,636, and 40,637 (1986).
(b) The provisions for
"Residues of Hazardous Waste in
Empty Containers" contained in
45 Fed. Reg. 78,529 (1980) Cto
be codified in 40 CFR 261.7
(Subpart A)] has been adopted by
reference as amended by 47 Fed.
Reg. 36,097 (1982); 48 Fed. Reg.
14,294 (1983); and 50 Fed. Reg.
1,999 (1985); and 51 Fed. Reg.
40,637 (1986).
.0030 STANDARDS FOR HAZARDOUS
WASTE GENERATORS -
PART 262
(a) The general provisions
contained in 45 Fed. Reg. 33,142
and 33,143 (1980) [to be
codified in 40 CFR 262.10 to
262.12 (Subpart A)] have been
adopted by reference as amended
by 45 Fed. Reg. 86,970 (1980)
EmH- 47 Fed. Reg. 1,251 (1982);
and 48 Fed. Reg. 14,294 (1983);
and 51 Fed. Reg. 40,637 (1986).
(d) The provisions for
"Recordkeeping and Reporting"
contained in 45 Fed. Reg. 33,144
(1980) [to be codified as 40 CFR
262.40 to 262.44 (Subpart D)],
have been adopted by reference
as amended by 48 Fed. Reg.
3,981, 3,982, 14,294 (1983): 50
Fed. Reg. 28,746 (1985); and 51
Fed. Reg. 10,176 and 28,682
(1986), except that 40 CFR
262.40 is not adopted bv
reference .
( 1 ) The following shall be
substituted for the
provisions of 40 CFR 262.40
which were not adopted bv
reference ;
"262.40 Recordkeeping,
(a) A generator must keep
a copv of each manifest
signed in accordance with
Section 262.23(a) for
three years or until he
receives a signed copy
from
the
designated
facility which received
the waste. Thi.s signed
copy must be retained as a
record for at least three
years from the date the
waste was accepted by the
initial transporter.
(b) A generator must keep
a copy of each Biennial
Report and Exception
Report for a period of at
least three years from the
due date of the report.
(c) A generator must keep
records of any test
results, waste analyses,
or other determinations
made in accordance with
Section 262.11 for at
least three years from the
date that the waste was
last sent to on-site or
off-site treatment ,
storage, or disposal.
(d) The periods or
retention referred to in
this section are extended
automatically during the
course of any unresolved
enforcement action
regarding the regulated
activity or as reguested
by the administrator.
(e) A generator must keep
records and results of
inspections as reguired bv
Section 262.34 for at
least three years from the
date of the inspection."
.0031 STANDARDS FOR HAZARDOUS
WASTE TRANSPORTERS -
PART 263
(b) The provisions for
transfer facility requirements
contained in 45 Fed. Reg. 86,968
(1980) [to be codified in 40 CFR
263.12 (Subpart A)] have been
adopted by reference as amended
by 48 Fed. Reg. 14,294 (1983)
and 51 Fed. Reg. 40,637 (1986).
.0032 STANDARDS FOR OWNERS/
OPERATORS OF HWMF'S -
PART 264
(c) "General Facility
Standards" contained in 45 Fed.
Reg. 33,222 to 33,224 (1980) [to
be codified in 40 CFR 264.10 to
264.18 (Subpart B)] have been
adopted by reference as amended
by 46 Fed. Reg. 2,848, 2,849,
2,874, and 7,678 (1981); 47 Fed.
Reg. 32,349 and 32,350 (1982);
48 Fed. Reg. 14,294 (1983); 50
Fed. Reg. 18,374 and 28,746
(1985); and 51 Fed. Reg. 25,472
and 40,637 (1986).
(f) The provisions for
"Manifest System, Recordkeeping,
and Reporting" and accompanying
appendices contained in 45 Fed.
Reg. 33,226 to 33,232 (1980) [to
be codified in 40 CFR 264.70 to
264.78 (Subpart E)] have been
adopted by reference as amended
by 45 Fed. Reg. 86,970 and
86,974 (1980); 46 Fed. Reg.
2,849 and 7,678 (1981); 47 Fed.
Reg. 32,350 (1982); 48 Fed. Reg.
3,982 (1983); 50 Fed. Reg.
814
NORTH CAROLINA REGISTER
18,374 and 28,746 (1985); and 51
Fed. Reg. 25,472 and 40,637
(1986).
.0033 INTERIM STATUS STANDARDS
FOR HWMF's - PART 265
(b) "General Facility
Standards" contained in 45 Fed.
Reg. 33,234 to 33,236 (1980) [to
be codified in 40 CFR 265.10 to
265.18 (Subpart B)] have been
adopted by reference as amended
by 48 Fed. Reg. 14,295 (1983);
50 Fed. Reg. 18,374 and 28,749
(1985); and 51 Fed. Reg. 25,478
and ,25, 479 , and 40,637 (1986).
(e) The provisions for
"Manifest System Recordkeeping,
and Reporting" contained in 45
Fed. Reg. 33,238 and 33,239
(1980) [to be codified in 40 CFR
265.70 to 265.77 (Subpart E)]
have been adopted by reference
as amended by 45 Fed. Reg.
86,970, 86,974 (1980); 46 Fed.
Reg. 7,680 (1981); 48 Fed. Reg.
3,982 (1983); 50 Fed. Reg.
18,374 (1985); and 51 Fed. Reg.
25,479, 40.637, and 40,638
(1986).
(i) .The provisions for
"Use and Management of
Containers" contained in 45 Fed.
Reg. 33,244 (1980) [to be
codified in 40 CFR 265.170 to
265.177 (Subpart I)] have been
adopted by reference as amended
by 45 Fed. Reg. 78,529 (1980),
except that 40 CFR 265.174 is
not adopted bv reference.
(1) The following shall be
substituted for the
provisions of 40 CFR 265.174
which were not adopted bv
reference ;
"265.174 Inspections.
The owner or operator
must inspect areas where
containers are stored at
least weekly, looking for
leaks and for deterioration
caused bv corrosion or other
factors . A log of the
weekly inspections must be
kept for at least three
years from the date of the
inspection. " . [Comment ;
See Section 265.171 for
remedial action reguired if
deterioration or leaks are
detected. ]
(j) The provisions for
"Tanks" contained in 45 Fed.
Reg. 33,244 and 33,245 (1980)
[to be codified in 40 CFR
265.190 to 265.201 (Subpart J)]
have been adopted by reference
as amended by 46 Fed. Reg. 2,896
and 35,249 (1981); and 51 Fed.
Reg. 25,478 to 25,485 and 25,479
to 25,481 (1986), except that 40
CFR 265.194 is not adopted bv
reference.
( 1 ) The following shall be
substituted
for
the
provisions of 40 CFR 265.194
which were not adopted bv
reference .
"265.194 Inspections,
(a) the ovrner or operator
of a tank must inspect,
where present <
(1) discharge control
equipment (e.g., waste
feed cut-off systems,
by-pass systems, and
drainage systems), at
least once each
operating day, to ensure
that it is in good
working order;
(2) data gathered from
monitoring equipment
(e-q. >
pressure
and
temperature gauges), at
least once each
operating day, to ensure
that the tank is being
operated according to
its design;
(3) the level of waste
in the tank, at least
once each operating day,
to ensure compliance
with Section 265.192(c);
(4) the construction
materials of the tank,
at least weekly, to
detect corrosion or
leaHing of fj^J^tmr^? 9ff
seams; and
(5) the construction
materials of, and the
area immediately
surrounding discharge
confinement structures
(e.g., dikes), at least
weekly, to detect
erosion or obvious signs
of leakage (e.g., wet
spots oj; dead
vegetation) .
(b) a log of the weekly
inspections must be kept for at
least three years from the date
of the inspection."
[Comment' As required by
Section 265.15(c), the owner or
operator must remedy any
deterioration or malfunction he
finds. 1
.0034 INTERIM STATUS
STANDARDS FOR
PERMITTING - PART 270
(b) The following provisions
for additional permitting
requirements contained in 48
Fed. Reg. 14,233 to 14,241, and
30,114 (1983) [to be codified in
40 CFR 270 (Subpart B, Permit
Application)] have been adopted
by reference as amended by 48
Fed. Reg, 39,622 (1983); 50 Fed.
Red. 2006, 28,751, and 28,752
(1985); and 51 Fed. Reg. 10,176,
16,458, 25,486, and 29,431 and
40,653 (1986).
NORTH CAROLINA REGISTER
815
(c) The following provisions
for additional permitting
requirements contained in 48
Fed. Reg. 14,241 to 14.243 and
30,114 (1983) -to bw added [to be
codified in 40 CFR 270 (Subpart
C, Permit Conditions)] have been
adopted by reference as amended
by 48 Fed. Reg. 39,622 (1983);
and 50 Fed. Reg. 28,752 (1985);
and 51 Fed. Reg. 25,486 and
40,653 (1986).
(d) The following provisions
for additional permitting
requirements contained in 48
Fed. Reg. 14,243 to 14,245 and
30,114 (1983) try be added [to be
codified in 40 CFR 270 (Subpart
D, Changes to permit)] have been
adopted by reference as amended
by 50 Fed. Reg. 28,752 (1985);
and 51 Fed. Reg. 16,458 and
40,653 (1986).
.0041 REQUIREMENTS! HAZARDOUS
WASTE PROGRAM - PART 271
The following provisions for
the "sharing of information" [to
be codified in 40 CFR 271.1 and
271.17] have been adopted by
reference as amended by 50 Fed.
Reg. 28,754 (1985) and 51 Fed.
Reg. 10,176, 25,486, 28,685,
29,431, 33,720, 33,721, and
33,722, and 40,653 (1986).
.0042 LAND DISPOSAL
RESTRICTIONS -
PART 268
(a) The "General" provisions
contained in 51 Fed. Reg. 40,638
to 40,641 (1986) [to be codified
in 40 CFR 268.1 to 268.7
(Subpart A)] have been adopted
by reference .
(b) The "Prohibitions on
Land Disposal" provisions
contained in 51 Fed. Reg. 40,641
to 40,642 (1986) [to be codified
in 40 CFR 268.30 to 268.31
(Subpart O] have been adopted
by reference .
(c) The "Treatment Standards"
provisions contained in 51 Fed.
Reg. 40,642 (1986) [to be
codified in 40 CFR 268.40 to
268.44 (Subpart D)] have been
adopted by reference.
(d) The "Prohibitions on
Storage" provisions contained in
51 Fed. Reg. 40,642 and 40,643
(1986) [to be codified in 40 CFR
268.50 (Subpart E)] have been
adopted by reference.
(e) Appendices I and II
contained in 51 Fed. Reg. 40,643
to 40,653 (1986) have been
adopted by reference .
TITLE 13 - DEPARTMENT OF
LABOR
Notice is hereby given in
accordance with G.S. 150B-12
that the Department of Labor
intends to repeal regulations
cited as 13 NCAC 5
.0201-. 0207, and
.0301-. 0304,
.0101-. 0104,
.0209-. 0212,
.0401-. 0402,
.0501-. 0506, .0508-. 0531
The proposed effective date of
this action is August 1, 1987.
Statutory Authority i G.S.
95-110.5, 95-111 .4, 95-120.
The public hearing will be
conducted at 2:00 p.m. on April
15, 1987 at Room 614, Cooper
Memorial Building, 225 N.
McDowell Street, Raleigh, North
Carolina.
Comment Procedures! People
wanting to present oral
testimony at the hearing, or who
want to have written testimony
read at the hearing, should
provide a written summary of the
proposed testimony to the
department by April 15, 1987.
Oral presentations will be
limited to 15 minutes each.
Written statements not presented
at the hearing will be accepted
by the department until April
27, 1987. All correspondence
should be directed to Sam
Wagoner, N.C. Dept . of Labor,
Elevator & Amusement Device
Division, 214 W. Jones St.,
Raleigh, N.C. 27603.
Interpreters for the hearing
impaired will be made available
if requested 24 hours in
advance.
CHAPTER 5 - ELEVATOR DIVISION
SECTION .0100 - PURPOSE:
DEFINITIONS
.0101 NAME: ADDRESS
(REPEALED)
.0102 PURPOSE:
RESPONSIBILITIES
(REPEALED)
.0103 ORGANIZATION
(REPEALED)
.0104 DEFINITIONS (REPEALED)
SECTION .0200 - PROCEDURES
.0201
.0202
.0203
.0204
.0205
.0206
APPLICABILITY
(REPEALED)
RESPONSIBILITY
(REPEALED)
EXCEPTIONS AND
SPECIAL DEVICES
(REPEALED)
CONSTRUCTION
PERMITS (REPEALED)
NUMBERING (REPEALED)
DESIGN:
INSTALLATION:
ALTERATIONS AND
816
NORTH CAROLINA REGISTER
.0207
.0209
.0210
.0211
.0212
SECTION
.0301
.0302
,0303
.0304
REPAIRS (REPEALED)
.0522
ACCEPTANCE
INSPECTION (REPEALED)
CERTIFICATES OF
.0523
OPERATION (REPEALED)
MAINTENANCE AND
.0524
PERIODIC INSPECTIONS
AND TESTS (REPEALED)
.0525
UNSAFE EQUIPMENT
(REPEALED)
.0526
ACCIDENTS (REPEALED)
.0300 - CODES AND
.0527
STANDARDS
.0528
ELEVATOR SAFETY
CODE (REPEALED)
WORKMAN'S HOIST
.0529
CODE (REPEALED)
STAIRWAY INCLINED
.0530
LIFT CODE (REPEALED)
VERTICAL WHEELCHAIR
LIFT CODE (REPEALED)
,0531
EMERGENCY BRAKES AND
ANTI-ROLLBACK DEVICES
(REPEALED)
SIGNAL SYSTEMS
( REPEALED )
PUBLIC PROTECTION
(REPEALED)
GUARDING OF
MACHINERY (REPEALED)
SPEED-LIMITING
DEVICES REQUIRED
(REPEALED)
PASSENGER-CARRYING
DEVICES (REPEALED)
ELECTRICAL SAFETY
REQUIREMENTS
(REPEALED)
AIR COMPRESSORS AND
EQUIPMENT (REPEALED)
FIRE PREVENTION
AND PROTECTION
(REPEALED)
CLEANLINESS (REPEALED)
SECTION .0400 - AERIAL
PASSENGER TRAMWAYS
.0401 STATE TRAMWAY
CODE (REPEALED)
.0402 REGISTRATION FORM
(REPEALED)
SECTION .0500 - AMUSEMENT
DEVICES
.0501 DEFINITIONS (REPEALED)
.0502 RESPONSIBILITY FOR
COMPLIANCE (REPEALED)
.0503 DEVICES NOT IN
COMPLIANCE (REPEALED)
.0504 LOAD TESTS (REPEALED)
.0505 LOCATION NOTICES
(REPEALED)
.0506 INSPECTIONS
(REPEALED)
.0508 UNSAFE DEVICES
(REPEALED)
.0509 ACCIDENTS (REPEALED)
.0510 IDENTIFICATION AND
RATING PLATES
(REPEALED)
.0511 REBUILT AND MODIFIED
DEVICES (REPEALED)
.0512 ASSEMBLY AND
DISASSEMBLY (REPEALED)
.0513 DAILY INSPECTION
AND TEST (REPEALED)
.0514 PROHIBITED USE
(REPEALED )
.0515 CONTROL OF OPERATION
' (REPEALED)
.0516 OVERLOADING AND
OVERSPEEDING
(REPEALED)
.0517 WIND AND STORM
HAZARDS (REPEALED)
.0518 LIGHTING (REPEALED)
.0519 DESIGN AND
CONSTRUCTION
REQUIREMENTS
(REPEALED)
.0520 EXITS (REPEALED)
.0521 ACCESS AND EGRESS
(REPEALED)
Notice is hereby given in
accordance with G.S. 150B-12
that the Department of Labor
intends to adopt regulations
cited as 13 NCAC 15 .0101-. 0107;
.0201-. 0206; .0301-. 0309; and
.0401-. 0428; .0501-. 0502.
The proposed effective date of
this action is August 1/ 1987.
Statutory Authority: G.S.
95-110.5; 95-111.4; 95-120.
The public hearing will be
conducted at 2:00 p.m. on April
15, 1987 at Room 614, Cooper
Memorial Building, 225 N.
McDowell Street, Raleigh, North
Carolina.
Comment Procedures: People
wanting to present oral
testimony at the hearing, or who
want to have written testimony
read at the hearing, should
provide a written summary of the
proposed testimony to the
department by April 15, 1987.
Oral presentations will be
limited to 15 minutes each.
Written statements not presented
at the hearing will be accepted
by the department until April
27, 1987. All correspondence
should be directed to Sam
Wagoner, N.C. Dept. of Labor,
Elevator & Amusement Device
Division, 214 W. Jones St.,
Raleigh, N.C. 27603.
Interpreters for the hearing
impaired will be made available
if requested 24 hours in
advance .
CHAPTER 15 - ELEVATOR AND
AMUSEMENT DEVICE
SECTION .0100 - GENERAL
PROVISIONS
NORTH CAROLINA REGISTER
817
.0101 ELEVATOR AND AMUSEMENT
DEVICE DIVISION
The main office of the Elevator
and Amusement Device Division,
which administers the provisions
of Article 14, Article 14A,
Article 14B and Article 15 of
Chapter 95 of the North Carolina
General Statutes, is located in
the Raleigh office of the
Department of Labor at the
corner of Edenton and Salisbury
Streets. The mailing address
and telephone number are:
Elevator and Amusement Device
Division
North Carolina Department of
Labor
4 West Edenton Street
Raleigh, North Carolina 27601
(919) 733-7394
.0102 APPLICABILITY
The requirements of this
Chapter shall be applicable to
the design, construction,
installation, plans review,
testing, inspection,
certification, operation, use,
maintenance, alteration, and
relocation of, and investigation
of accidents involving devices
and equipment subject to
Articles 14, 14A, 14B and 15 of
the North Carolina General
Statutes as hereinafter
specified.
.0103 DEFINITIONS
(a) The definitions found in
G.S. 95-110.3, 95-111.3 and
95-117 are applicable throughout
this Chapter unless a different
meaning is plainly required by
the context .
(b) The following definitions
also apply throughout this
Chapter .
(1) The term "alteration"
means any change made to an
existing device or piece of
equipment other than the
repair or replacement of
damaged, worn or other parts
necessary for operation.
(2) The term "division" means
the Elevator and Amusement
Device Division of the North
Carolina Department of
Labor .
(3) The term "elevator safety
code" means the edition of
the American National
Standard Safety Code for
Elevators and Escalators,
currently in effect with
addenda and modifications as
provided in Rule .0201 of
this Chapter.
(4) The term "existing
installation" means any
device or equipment, the
application for the
installation of which was
filed with the department or
the installation of which
was completed before the
effective date of the rules
and regulations which are
currently in effect.
(5) The term "new
installation" means any
device or equipment, the
application for the
installation or relocation
of which is filed with the
department on or after the
effective date of these
rules and regulations.
.0104 NOTIFICATION OF DECISION
BY 0V;NER OR OPERATOR
(a) Whenever the owner or
operator of any device or
equipment has received an order
from the commissioner that the
use of the device or equipment
should be stopped or limited
pursuant to G.S. 95-110.5,
95-111.6, or 95-123, he shall
notify the director in writing
within 15 days of receipt of
such order :
(1) certifying that the
device or equipment has been
repaired or altered in
compliance with the
commissioner' s
specifications;
(2) indicating his intention
to comply with the standards
of safety for such devices
or equipment with the
understanding that :
(A) the use of the device
or equipment will be
limited as specified by
the commissioner's order;
(B) the certificate of
operation is suspended
until the device or
equipment has been
repaired or altered in
compliance with the
commissioner' s
specifications; or
(C) the certificate of
operation has been
permanently revoked; or
(3) requesting a hearing
pursuant to Chapter 150B of
the General Statutes.
Cb) Where the owner or
operator fails to notify the
director within 15 days of
receipt of the order or refuses
to discontinue or limit
operation of the device or
equipment, the director may
obtain injunctive relief on
behalf of the commissioner.
.0105 NOTATION OF SUSPENSION
OR REVOCATION
Upon suspension or revocation
818
NORTH CAROLINA REGISTER
of a certificate of operation,
an authorized inspector shall
affix to a prominent place on
the device or equipment, a card
with substantially the following
language >
The certificate of operation
for this device or equipment
is (suspended
indefinitely/permanently
revoked). Further use of
this device or equipment is
prohibited.
This card shall be signed by the
director of the Elevator and
Amusement Device Division. In
addition the inspector shall
place seals upon the device or
equipment to ensure that it is
not used without the permission
of the director.
.0106 OCCURRENCE REPORTING FOR
TRAMWAYS
(a) The owner of any aerial
passenger tramway shall within
24 hours notify the director of
each and every occurrence
involving such device or
equipment wheni
(1) The occurrence results in
death or injury requiring
medical treatment. other
than first aid. by a
physician. First aid means
the one-time treatment or
observation of scratches,
cuts not requiring stitches,
burns. splinters and
contusions or a diagnostic
procedures. including
examination and x-rays,
which does not ordinarily
require medical treatment
even though provided by a
physician or other licensed
personnel; or
(2) The occurrence results in
a damage to the device
indicating a substantial
defect in design, mechanics,
structure or equipment,
affecting the future safe
operation of the device. No
reporting is required in the
case of normal wear and
tear.
(b) The director, without
delay. after notification and
determination that an occurrence
involving injury or damage as
specified in subsection (a) has
occurred, shall make a complete
and thorough investigation of
the occurrence. The report of
the investigation shall be
placed on file in the office of
the division and shall give in
detail all facts and information
available . The owner may submit
for inclusion in the file
results of investigations
independent of the department's
invest igat ion .
(c) No person, following an
occurrence as specified in
subsection (a), shall operate,
attempt to operate, use or move
or attempt to move such device
or equipment, or part thereof,
without the approval of the
director. unless so as to
prevent injury to any person or
persons.
(d) No person, following an
occurrence as specified in
subsection (a), shall remove or
attempt to remove from the
premises any damaged or
undamaged part of such device or
equipment or repair or attempt
to repair any damaged part
necessary to a complete and
thorough investigation. The
department must initiate its
investigation within 24 hours of
being notified.
.0107 EXCEPTIONS AND SPECIAL
DEVICES
The director may at his
discretion grant exceptions from
the requirements of this Chapter
or permit the use of other
devices. Requests for
exceptions or use of special
devices shall contain specific
information detailing how the
exception or use of a special
device will provide equivalent
safety as the original design or
device. Exceptions or the use
of special devices shall be
considered only when made by
written request . All requests
for exceptions or use of special
devices shall be given due
consideration by the director
and a decision rendered within
10 days of receipt of such
request whenever possible.
Where the investigation of such
requests makes it impossible to
render a decision within the
time specified. the person
making the request shall be
notified of the delay within 10
days .
SECTION .0200 - CODES AND
STANDARDS
.0201 ELEVATOR SAFETY CODE
(a) The design, construction,
installation. alteration,
repair, replacement, inspection,
maintenance and operation of all
new installations of elevators,
dumbwaiters, escalators, moving
walks. inclined stairway
chairlifts. and inclined and
vertical wheelchair lifts shall
conform to these Rules and the
American National Standard
Safety Code for Elevators and
Escalators. A17. 1-1984 with
addenda A17.1a-1985, A17.1b-1985
and A17.1C-1986 which is hereby
NORTH CAROLINA REGISTER
819
adopted by reference subject to
the modifications provided in
(b) of this Rule.
(b) The provisions of the
American National Standard
Safety Code for Elevators and
Escalators, A17.1 shall be
subject to the following
modifications ;
(1 ) Rule TOO. led ) —
Observation Elevators With
Enclosed Hoistways. Change
the last sentence in the
second paragraph to read as
follows: Hoistways of
observation elevators may be
enclosed with glass,
provided it is laminated
glass conforming to the
requirements of ANSI Z97.1.
(2) Rule 101 .1c(2) —
Observation Elevators Not
Fully Enclosed. Change the
rule to read as follows i
For observation elevators
which are not fully
enclosed, protection at
landings shall be provided
as follows:
(A) An enclosure shall be
provided which shall
extend a minimum of 10
feet above the floor.
(B) The enclosure shall be
constructed of
unperforated material.
(C) Enclosures shall be
located in the general
line of the hoistway.
Horizontal clearance shall
be the same as stated in
Section 108.
(3) Rule no. 2a — For
Passenger Elevators and
Freight Elevators Authorized
to Carry Passengers.
(A) Delete from the title
the words: "and freight
elevators authorized to
carry passengers."
(B) Delete items (4) and
(5) of the contents.
(4) Rule 111.10 — Access to
Hoistways for Emergency
Purposes. In the first
sentence change the word
"may" to "shall."
(5) Rule 204. 2d ~ Side
Emergency Exits. Side
emergency exits shall not be
permitted in elevator cars.
(6) Rule 300.3d — Top Car
Clearance. Change the rule
to read as follows: The top
car clearance shall be not
less than the sum of the
following two items:
(A) the top car runby;
(B) The largest of the
following :
(1) Two feet (610 mm)
above the car crosshead
where a crosshead is
provided;
(11) In no case shall
there be less than 2
feet clearance (610 mm)
above the car crosshead
when the car has reached
its maximum upward
movement .
(c) The rules of this Chapter
shall control when any conflict
between these rules and the ANSI
Code exists.
(d) Copies of the American
National Standard Safety Code
for Elevators and Escalators are
available for public Inspection
in the office of the division,
and may be obtained from the
American Society of Mechanical
Engineers, United Engineering
Center, 345 East 47th Street,
New York, New York 10017. The
cost is seventy five dollars
($75.00) per copy for non-ASME
members and sixty dollars
($60.00) for members.
.0202 EXISTING INSTALLATIONS
AND EXCEPTIONS
(a) Existing Installations.
Existing installations of
elevators, escalators,
dumbwaiters, and moving walks
shall be maintained under the
departmental standards (if any)
in effect at the time of their
installation. Existing
installations shall also meet
the following standards whether
or not there were departmental
standards in effect at the time
of their installation:
( 1 ) Electrically-powered
elevator driving machines
shall be equipped with a
friction brake applied by a
spring or springs or by
gravity and released
electrically.
(2) The car of every
elevator suspended by wire
ropes shall be provided with
one or more safety devices.
The safeties shall be
attached to the car frame
and one safety shall be
located within or below the
lowest members of the car
frame (safety plant). All
safeties shall be designed
and Installed in accordance
with Section 205 of the
Elevator Safety Code, unless
otherwise approved by the
director .
(3) Operating devices for
electrically-powered or
elec trlcally-controlled
elevators shall be of the
enclosed electric type.
Rope or rod operating
devices activated directly
by hand, or rope operating
devices activated by wheels.
820
NORTH CAROLINA REGISTER
levers or cranks shall not
be used.
(4) Elevator hoistways shall
be enclosed throughout their
height and all hoistway
landing openings shall be
protected with doors or
gates. Hoistway enclosures
shall be constructed to have
a fire resistive rating of
not less than one hour.
(5) Hoistway enclosure doors
or gates shall be equipped
with electric interlocks.
(6) Each elevator car shall
be permanently enclosed on
all sides and the top,
except the sides for
entrance and exit. Car side
enclosures shall be of such
strength and so designed and
installed that when
subjected to a pressure of
75 pounds applied
horizontally at any point on
the walls of the enclosure,
the deflection will not
exceed one inch.
(7) Car top enclosures shall
be so designed and installed
as to be capable of
sustaining a load of not
less than 100 pounds at any
one point.
(8) An emergency exit with a
cover shall be provided in
the top of all elevator
cars. The exit opening
shall have an area of not
less than 400 square inches
and shall not measure less
than 16 inches on any side.
The exit shall be so located
as to provide a clear
unobstructed passage through
it. The exit cover shall
open outward and be hinged
or otherwise attached to the
car top and arranged to be
opened from the top of the
car only.
(9) A door or gate shall be
provided at each entrance to
the car .
(10) Doors shall be of the
horizontally or vertically
sliding type. Gates shall
be of the vertically sliding
or horizontally sliding
collapsible type located not
more than 1-3/4 inches from
the car sill. Gates shall
extend from a point not less
than one inch above the car
floor to not less than six
feet above the car floor.
(11) Vertically sliding gates
when in the fully opened
position shall provide an
entrance of not less than
six feet in height. Such
gates shall be provided with
pull straps to facilitate
closing of the gate.
(12) Each car door shall be
equipped with a car door or
gate electric contact so
located as to be
inaccessible from Inside the
car door and shall stop the
car when the gate is opened
a maximum of two inches.
(b) Exceptions. Existing
elevators in warehouses of not
more than two floors that are
not accessible to the general
public are exempt from
Subdivisions (4) through (12) of
paragraph (a) of this Rule
providing that all of the
following conditions are met:
(1) The warehouse shall be
used solely for the purpose
of storing materials and
products .
(2) Hoistways shall be
provided with adequate
guards as approved by the
director.
(3) All capabilities of
operating the elevator from
the car or platform shall be
removed.
(4) Riders shall not be
permitted to ride the car or
platform.
(5) A sign stating
"Absolutely No Riders
Permitted" in letters no
less than one inch high on a
contrasting background shall
be posted at each entrance
to the elevator.
(c) If an existing
installation meets the
requirements of paragraph (a) of
this Rule, it shall be issued a
regular certificate of operation
pursuant to Rule .0306 of this
Chapter. If an existing
installation is maintained under
the departmental standards (if
any) in effect at the time of
its installation and is not
e.xposing the public to an unsafe
condition likely to result in
serious personal injury or
property damage, but does not
meet the twelve standards
specifically set out in
paragraph (a) of this Rule, it
shall be issued a certificate of
operation containing the
following statement i
"Warning: This elevator has
been inspected and found to
be in a reasonably safe
condition; however, it is
not equipped with some of
the safety features now
required by the Department
of Labor."
If the existing installation is
not in compliance with the
requirements of paragraph (a) of
this Rule by January 1, 1991,
the following sign in letters no
less than one inch high on a
NORTH CAROLINA REGISTER
821
contrasting background shall be
posted within and at each
entrance to the elevators
"Riders prohibited — only a
trained operator may ride
this elevator."
(d) Units of existing
installations which are
out-of-service and not
continuously maintained for a
period exceeding one year shall
be properly landed by complying
with the following!
( 1 ) Land both car and
counterweight (if any) at
the bottom of the hoistway.
Elevators of the roped type
shall have their hoist ropes
disconnected at both ends .
(2) All electric power shall
be removed by disconnecting
and removing the power
feeders .
(3) All hoistway entrances
shall be permanently secured
to prevent accidental or
inadvertent entry into the
hoistway.
Any elevator, dumbwaiter,
escalator or moving walk that
has been properly landed or
otherwise removed from service
for a period exceeding one year
shall comply with the
requirements of the elevator
safety code in effect at the
time they are returned to
service .
.0203 SAFETY STANDARD FOR
MANLIFTS
(a) The design, construction,
installation, alteration,
repair, replacement, inspection,
maintenance and operation of all
manlifts shall conform to these
Rules and the American National
Standard Safety Standard for
Manlifts, A90. 1-1976 which is
hereby adopted by reference.
(b) The rules of this Chapter
shall control when any conflict
between these rules and the ANSI
Code exists.
(c) Copies of the American
National Standard Safety
Standard for Manlifts are
available for inspection at the
offices of the division and may
be obtained from the American
Society of Mechanical Engineers,
United Engineering Center, 345
East 47th Street, New York, New
York 10017 at a cost of six
dollars ($6.00) per copy for
non-members and four dollars and
eighty cents ($4.80) for
members .
.0204 PERSON>rEL HOISTS CODE
(a) The design, construction,
installation, alteration,
repair, replacement, inspection
and operation of all personnel
hoists shall conform to these
Rules and the American National
Standard Safety Requirements for
Personnel Hoists, AlO. 4-1981
which is hereby adopted by
reference .
(b) The rules of this Chapter
shall control when any conflict
between these rules and the ANSI
Code exists.
(c) Copies of the American
National Standard Safety
Requirements for Personnel
Hoists are available for
inspection at the offices of the
division and may be obtained
from the American National
Standard Institute, Inc., 1430
Broadway, New York, New York
10018 at a cost of ten dollars
($10.00) per copy.
.0205 TRAMIVAY REQUIREMENTS
The construction, operation and
maintenance of passenger
tramways shall conform to the
American National Standards
Safety Requirements for Aerial
Passenger Tramways, B77. 1-1982
as supplemented by B77.1a-1986
which is hereby adopted by
reference. Copies of the
requirements are available for
inspection at the office of the
division and may be obtained
from the American National
Standards Institute, Inc., 1430
Broadway, New York, New York
10018 at a price of twelve
dollars ($12.00) per copy.
.0206 NATIONAL ELECTRICAL CODE
(a) All devices and equipment
subject to this Chapter shall be
designed, constructed,
installed, maintained and
operated in accordance with
these Rules and the requirements
of the 1987 edition of the
National Electrical Code, NFPA
70-1987 which is hereby adopted
by reference.
(b) The rules of this Chapter
shall control when any conflict
between these rules and the
National Electrical Code e,xists.
(c) Copies of the National
Electrical Code are available
for inspection in the offices of
the division and may be obtained
from the State Board of
Examiners of Electrical
Contractors, 1200 Front Street,
Suite 105, P. 0. Box 18727,
Raleigh, NC 27619 at a cost of
fourteen dollars ($14.00) per
copy at the office or fifteen
dollars ($15.00) per copy if
mailed .
SECTION .0300 - ELEVATORS AND
RELATED EQUIPMENT
.0301 SECTION APPLICABILITY
822
NORTH CAROLINA REGISTER
The requirements of this
section are applicable to all
devices and equipment within the
scope of Article 14A of the
General Statutes.
.0302 RESPONSIBILITY
Responsibility for the
installation^ alteration,
operation, maintenance, and
reporting of accidents for
elevators, dumbwaiters,
escalators, moving walks,
personnel hoists, and special
equipment shall be as follows:
( 1 ) The equipment manufacturer
shall be responsible for
designing and manfacturing
equipment in compliance with
the applicable code.
(2) The person or firm
installing or altering
elevators, dumbwaiters,
escalators, moving walks,
personnel hoists, and special
equipment shall be
responsible for obtaining all
permits and approvals. He
shall be responsible for the
safe operation of equipment
during the installation until
a certificate of operation
has been issued and for
conducting all tests required
by these rules .
(3) The owner, his duly
appointed agent, or the
lessee shall be responsible
for the safe operation and
proper maintenance of
elevators, dumbwaiters,
escalators, moving walks,
personnel hoists, and special
equipment after the
installation has been
approved and a certificate
has been issued. He shall be
responsible for conducting
all periodic or maintenance
tests required by these
rules .
.0303 CONSTRUCTION PERMITS
(a) Before erecting or
constructing a new elevator,
dumbwaiter, workman's hoist,
escalator, moving walk, stairway
inclined lift, or vertical
wheelchair lift, or before
moving such an apparatus from
one location to another, or
before making alterations to
existing equipment, the owner or
his authorized agent shall
obtain a permit from the
director. The owner or his
authorized agent shall submit an
application for a permit
accompanied by duplicate plans
and drawings showing the
proposed construction, type of
equipment and mode of operation.
The application to install which
consists of the original and
three copies shall include the
following information:
(1) name and address of
architect, owner, and
installer;
(2) type and design of
equipment;
(3) pertinent information as
to the location of the
equipment and such
specifications as required
by the Elevator Safety Code;
(4) a permit from the local
building inspector that the
planned stairway inclined
lift or vertical wheelchair
lift will not hinder egrees
or ingress from the building
required by the North
Carolina Building Code. If
no local building inspector
is available, the permit
must be obtained from the
engineering division of the
North Carolina Department of
Insurance.
(b) Upon finding that the
application is in compliance
with the regulations of this
Chapter, the director will issue
a permit, subject to final field
inspection.
(c) The permit shall be posted
in a conspicuous place on the
job site prior to the start of
any work to be done.
(d) Upon receiving information
indicating violation of this
Rule, the director may cause the
stoppage of all work on that job
until a hearing, pursuant to the
provisions of the Administrative
Procedure Act, N.C. General
Statutes, Chapter 1503 Article 3
can be held to determine the
reason for the violation.
(e) The operation or use of
any new, altered, or relocated
equipment subject to the
Elevator Safety Code other than
by the installer acting under
the authority of a construction
permit is prohibited until such
equipment has passed tests and
inspections as required by Rule
.0305 of this Section and a
certificate to this effect has
been issued in accordance with
Rule .0306 of this Section.
. 0304 NUMBERING
All new devices and equipment
shall have a registration number
assigned by the division painted
on or attached in plain view to
the elevator car, to the
escalator or moving walk
balustrade, or to the driving
mechanism of all other
equipment. This registration
number also shall be shown on
the certificate of operation.
The owner or operator is
responsible for having the
NORTH CAROLINA REGISTER
823
registration number painted on
or attached to the device or
equipment .
.0305 ACCEPTANCE INSPECTION
(a) Notification. The person
or firm installing, moving or
altering any device or equipment
shall notify the director at
least five days before the
inspection is desired. The
notification shall be in writing
and shall include the following:
( 1 ) name and address of the
contractor,
(2) name and address of the
owner,
(3) location of the device or
equipment ,
(4) date of request for
in.?pcction.
If the person ' or firm
installing, moving or altering
the device or equipment will not
be ready for inspection on tlie
date requested, he shall
immediately notify the director
so that an inspector will not be
required to make an unnecessary
trip.
(b) Inspections. The director
or an inspector of the division
shall inspect all new, altered
or relocated devices or
equipment subject to this
Chapter for conformity with the
requirements of these
regulations. The inspection
shall be made, when practicable,
within two days of the date
requested.
(c) Elevators, Dumbwaiters,
Escalators and Moving Walks.
The person or firm installing,
moving or altering an elevator,
dumbwaiter, escalator, moving
walk, inclined stairway
chairlift, or inclined or
vertical wheelchair lift, shall,
in the presence of the director
or an inspector, subject the
new, moved or altered portions
of the equipment to an
acceptance test as required by
the Elevator Safety Code.
(d) Special Equipment. The
person or firm installing,
moving or altering any special
equipment shall, in the presence
of the director or an inspector,
subject the new, moved or
altered portion of the equipment
to such tests as may be required
by the director to insure safe
operation .
(e) Violations. If, after
inspecting and performing tests
on the equipment, the inspector
determines that the condition of
the equipment is not in full
compliance with the rules of
this Chapter, the inspector will
inform the person or firm
installing, moving or altering
the device of any violations and
will require compliance before a
certificate for operation, as
prescribed in Rule .0306 of this
Section, will be Issued.
.0306 CERTIFICATES OF
OPERATION
(a) Issuing of Final
Certificates of Operation. A
certificate of operation shall
be issued by the director where
the inspections and tests,
required by Rule .0305 of this
Section, show beyond a
reasonable doubt that the
equipment has been designed and
installed in accordance with the
requirements of these rules.
(b) Framing of Certificates.
The certificate furnished by the
director shall be maintained in
a suitable frame under
transparent cover.
(c) Numbering of Certificates.
The final certificate of
operation shall show the
registration number of the
equipment for which it is
issued, as required in Rule
.0304 of this Section.
(d) Posting of Certificates of
Operation. The required
certificates ishall be posted
conspicuously as follows:
(1) inside elevator cars, or
(2) inside dumbwaiter cars,
or
(3) inside escalator and
moving walk machine rooms,
or
(4) in locations designated
by the division.
(e) Limited Certificate of
Operation .
(1) Issuance for Elevator.
The director may allow the
temporary use of any
elevator for passenger or
freight service during its
installation or alteration
under the authority of a
limited certificate, issued
for each class of service.
Such limited certificate
shall not be issued for
elevators until the elevator
has been tested with rated
load, and the car safety,
hoistway door interlocks,
car door switch, and
terminal stopping devices
have been tested to
determine the safety of the
equipment for construction
purposes .
(2) Issuance for Personnel
Hoist. The director may
allow the temporary use of
any personnel hoist under
the authority of a limited
certificate. Such limited
certificate shall not be
issued until the personnel
824
NORTH CAROLINA REGISTER
hoist has been tested with
rated load> and the car
safety, hoistviay door
interlocks, car door switch^
and terminal stopping
devices have been tested to
determine the safety of the
equipment .
(3) Life of Limited
Certificates of Operation.
Limited certificates of
operation may in the case of
an elevator be issued for a
period not to exceed 90
days. Limited certificates
of operation for a personnel
hoist may be used for a
period not exceeding the
length of the applicable
construction project. Such
certificates may be renewed
at the discretion of the
director upon receiving a
written request showing
justifiable cause for
renewal . Such request must
be received 15 days prior to
the expiration of said
limited certificate.
(4) Posting of Limited
Certificates of Operation.
Limited certificates of
operation shall be posted
conspicuously on each
elevator or personnel hoist .
Such limited certificates
for elevators shall bear a
notice stating that the
equipment has not been
finally approved.
.0307 MAINTENANCE AND PERIODIC
INSPECTIONS AND TESTS
(a) Inspections and Tests.
Devices and equipment shall be
subject to maintenance and
periodic inspections and tests
in accordance with the
requirements of the applicable
code as adopted in Section 200.
Special equipment shall be
subject to periodic and to
maintenance inspections and
tests as may be required by the
director in accordance with
standard accepted safety
practices to ensure safe
operation.
(b) Inspections.
(1) Advance Notice.
Inspections shall be
accomplished without advance
notice, except where the
director determines that
advance notice of an
inspection is necessary to
complete the inspection.
(2) Inspection Report Forms.
The inspector will note
findings of his inspection
and tests on the appropriate
inspection report form.
(c) Certificate of Operation
Issuance .
(1) Closing Conference^
After the inspections and
tests of the equipment
prescribed in this Rule, the
inspector shall, when
possible, hold a closing
conference with the owner or
his representative.
(2) Approval. When the
inspector has determined
that the equipment is in
compliance with the
regulations of this Chapter
and all applicable law, the
inspector may reissue the
certificate of operation.
(3) Denial. When the
inspector has determined the
equipment is not in
compliance with the
regulations of this Chapter
and all applicable law, the
inspector will provide the
owner or his representative
with a description of all
violations and necessary
repairs.
(4) Abatement. In the event
of a reissuance denial, the
inspector may issue an
abatement permit which will
be valid for a period not
exceeding 60 days.
(5) Notice. When the
equipment is brought into
compliance, the owner or his
representative shall notify
the division in writing.
(6) Reinspection. After a
certificate reissuance
denial, an inspector shall
always reinspect to
determine if the equipment
is in compliance.
(d) Tests. Periodic tests
required by the elevator safety
code will be performed in the
presence of an elevator
inspector whenever possible. In
the absence of an inspector, a
signed copy of the test report
shall be sent to the director of
the division without delay. The
report shall be signed by the
person conducting such tests.
.0308 WIRING DIAGRAMS
Wiring diagrams for elevators
shall be left in the machine
room in a permanently mounted
receptacle and shall not be
removed except by permission of
the director.
.0309 LIMITATIONS ON
WHEELCHAIR LIFTS
No inclined or vertical
wheelchair lift shall be
installed between any two floors
already being served by an
elevator.
SECTION .0400 - AMUSEMENT
DEVICES
NORTH CAROLINA REGISTER
825
.0401 APPLICABILITY
The Section is applicable to
all amusement devices within the
scope of Article 1 4B of Chapter
95 of the General Statutes.
.0402 RESPONSIBILITY FOR
COMPLIANCE
Every owner or operator of an
amusement device shall comply
with or affect compliance with
all provisions of the rules of
this Section, and every employer
and employee shall comply with
all provisions which concern or
affect his conduct .
.0403 LOAD TESTS
(a) Test Required. Load tests
will not be required on a
regular basis. The director
may, however, at his discretion
require a load test to be made
on devices of the following
types :
( 1 ) devices having suspended
passenger seats or spaces,
(2) devices normally operated
at speeds or with movements
creating severe centrifugal
forces,
(3) devices so elevated
that ■ structural failure is
likely to cause passengers
to be injured by falling, or
(4) devices which the
director has ordered such a
test upon finding it
necessary to assure safety.
(b) Evidence of Test.
Unless a load test is made in
the presence of a representative
of the director, the director
may accept a certified copy of
such test made by a person
qualified to perform such tests,
showing whether the device
withstood the test without
failures in any material respect
and setting forth such other
relevant information as the
director nay require. Until
such a statement is so filed it
shall be presumed that the
device has not withstood the
test as required.
(c) Nature of Test. Each
passenger seat or space shall be
weighted with at least 150
pounds dead weight, except that
in a device intended only for
small children each seat or
space shall be weighted with at
least 75 pounds . V.'hile so
loaded the device shall be so
operated at maximum normal speed
as to test the full operation or
all control devices, speed
limiting devices, brakes and
other equipment provided for
safety .
(d) Effect of Test. If the
device fails to withstand a load
test it shall be deemed unsafe
and shall not be used until and
unless it has withstood a
subsequent load test without
failure in any material respect.
If the device has withstood a
load test without failure in any
material respect it shall be
required to be so tested again
only if rebuilt or modified or
if there are reasonable grounds
to believe that a further test
is necessary to assure safety
and the director orders such
test to be made.
.0404 LOCATION NOTICES
No amusement device shall
be used at any time or location
unless prior notice has been
given to the director pursuant
to G.S. 95-111.8. Notice shall
include :
C 1 ) the name and permanent
address of the operator,
(2) the name and
identification number of
every amusement device, and
(3) the intended date(s) and
location(s) of use.
.0405 INSPECTIONS
An inspector shall inspect
each amusement device at each
location to determine if the
device :
( 1 ) has been soundly
constructed and properly
erected,
(2) has been modified to
comply with any changes in
safety requirements
prescribed by the
manufacturer,
(3) has complied with the
rules and regulations of this
Section, and
(4) has in existence a
policy of insurance as
required by G.S. 95-111.12.
.0406 UNSAFE DEVICES
If the inspector finds that
the amusement device presents an
imminent danger, he may attach
to such device a notice warning
all persons against the use
thereof. Such notice shall not
be removed until the device is
made safe, and then only by a
representative of the director.
In the meantime, the device
shall not be used.
.0407 IDENTIFICATION AND
RATING PLATES
Every amusement device
shall be identified by a trade
or descriptive name and an
identification number, and there
shall be firmly attached to the
device in a readily visible
location a metal plate upon
826
NORTH CAROLINA REGISTER
which there is legibly impressed
the name and number of the
device, its model number if any,
and the name and address of its
manufacturer. Upon the same or
another metal plate so attached
there shall be legibly impressed
the maximum safe number of
passengers, and the maximum safe
speed.
.0408 REBUILT AND MODIFIED
DEVICES
If an amusement device
which has withstood a
performance test as required in
Rule .0403 of this Section is
thereafter materially rebuilt or
so modified as to change its
original action:
(1) The device shall be
re-identified by a different
name or identification number
or both.
(2) The device shall be
subject to all other rules of
this Section as if it were a
new device not previously
used.
.0409 ASSEMBLY AND DISASSEMBLY
(a) Competent Supervision.
The assembly and disassembly of
an amusement device shall be
done by or under the immediate
supervision of a person
e.xperienced and instructed in
the proper performance of such
work in respect to the device.
(b) Quality of Assembly.
Assembly work shall be performed
in a proper and workmanlike
manner. Parts shall be properly
aligned, and shall not be bent,
distorted, cut or otherwise
injured to force a fit. Parts
requiring lubrication shall be
lubricated in course of
assembly. Fastening and locking
devices, such as bolts, cap
screws, cotter pins, and lock
washers, shall be installed
where required for dependable
operation. Nuts shall be drawn
tight, cotter pins shall be
spread and lock nuts firmly set.
All brakes shall be adjusted for
proper operation.
(c) Welding. Welding of
parts upon which safe operation
depends shall be done by welders
qualified in accordance with the
requirements of the American
Welding Society.
(d) Quality and Inspection of
Parts. Parts which are
excessively worn or which have
been materially damaged shall
not be used. Close visual
inspection of parts shall be
made during assembly to discover
such wear or damage and
immediate inspection of
fastening devices shall be made
after assembly to assure that
they have been properly
installed.
(e) Tools and Equipment.
Persons engaged in the assembly
or disassembly of amusement
devices shall be provided with
and shall use tools of proper
size and design to enable the
work to be done safely. Broken,
damaged and unsuitable tools
shall not be used. Electrically
operated tools shall be grounded
during use. Ladders, scaffolds,
and safety belts used in
assembly or disassembly work
shall be of such design,
material and construction as to
provide reasonable and adequate
protection to the persons using
them. Fiber rope used in
assembly or disassembly work
shall be standard quality manila
or equivalent in strength.
Tackle blocks shall be of a size
to fit the rope. All
load-carrying equipment shall be
designed and constructed
throughout to support the
intended load.
(f) Lighting. Assembly and
disassembly of amusement devices
shall be done under light
conditions sufficient to permit
the work to be properly
performed and inspected.
(g) Persons in Work Area.
A sufficient number of persons
to do the work properly shall be
engaged for the assembly or
disassembly of amusement
devices. Persons not so engaged
in this work and who may create
a hazard shall be prevented from
entering the work area.
.0410 DAILY INSPECTION AND
TEST
An amusement device shall
be inspected and tested each day
when it is intended to be used.
The inspection and test shall be
made by a person experienced and
instructed in the proper
assembly and operation of the
device and shall be performed
before the device is put into
normal operation. The
inspection and test shall
include the operation of control
devices, speed-limiting devices,
brakes and other equipment
provided for safety. A record
of each inspection and test
shall be made at once upon
completion of the test on a form
provided by the director and
shall be kept with the device
and available to the director
for at least 30 days.
.0411 CONTROL OF OPERATION
Every operator shall
NORTH CAROLINA REGISTER
827
have knowledge of the use and
function of all normal emergency
operation controls and of the
proper use of the device. An
operator shall be in the
immediate vicinity of the
operating controls during
operation and no other person
shall be permitted to handle
such controls during normal
operation. This provision does
not apply to amusement devices
designed to be operated or
controlled by a passenger.
.04J2 OVERLOADING AND
OVERSPEEDING
An amusement device shall
not be overcrowded* or loaded in
excess of its carrying capacity;
nor shall it be operated at an
unsafe speed or at any speed
beyond that recommended by the
manufacturer .
.0413 WIND AND STORM
HAZARDS
An amusement device
which is e.xposed to wind or
storms shall not be operated
under dangerous weather
conditions except to release or
discharge occupants.
.0414 LIGHTING
Amusement devices, access
thereto and exits therefrom,
shall, while in operation or
occupied, be provided with
illumination by natural or
artificial means sufficient to
guard against personal injuries
under these circumstances.
.0415 DESIGN AND
CONSTRUCTION
REQUIREMENTS
(a) All structures used in
connection with amusement
devices shall be so designed and
constructed as to carry safely
all loads to which such
structures may normally be
subjected .
(b) All amusement devices
shall be designed, constructed
and installed so as to withstand
any normal stresses to which
they may be subjected.
(c) Before being used by
the public, amusement devices
shall be so placed or secured
with blocking, cribbing,
outriggers, guides or other
means as to be stable under all
operating conditions.
.0416 NUMBER OF EXITS
At least two exits remote
from each other shall be
provided from each floor, tier,
room or balcony in structures
which house amusement devices
and which are not places of
public assembly. No exit shall
be less than 20 inches wide.
.0417 ACCESS AND EGRESS
(a) General Requirements.
Safe and adequate means of
access to and egress from
amusement devices shall be
provided. Such means of access
and egress shall have:
(1) protection from adjacent
hazards or from falling by
the use of rails,
enclosures, barriers or
similar means;
(2) secure treading and
supporting surface free from
debris, obstruction,
projections and slipping,
tripping, and other hazards;
(3) adequate clearance.
(b) Design of Stairways,
Landings and Ramps. Stairways,
landings and ramps shall be
designed, constructed and
maintained so as to sustain
safely a live load of at least
90 pounds per square foot.
(c) Stairways, Ramps and
Platforms. Stairways and ramps
shall be at least 20 inches
wide. Stair treads shall be at
least nine inches deep exclusive
of nosing and the height of rise
shall not exceed eight inches.
Between any two levels the
treads shall be of uniform depth
and the risers of uniform
height. The slope of ramps
shall not exceed one in four.
The open sides of stairways,
ramps and platforms shall be
provided with adequate
protection against falling
except as the safe and normal
access to the device may
otherwise require.
(d) Measurement of Widths.
The width of a stairway shall be
taken as the length of the
treads between stringers. The
width of a doorway shall be
taken as the width of the door.
.0418 EMERGENCY BRAKES AND
ANTI-ROLLBACK DEVICES
If cars or other
components of an amusement
device may collide in such a way
as to cause personal injuries
upon failure of normal controls,
emergency brakes sufficient to
prevent such collisions shall be
provided. On rides which make
use of inclined tracks,
automatic anti-rollback devices
shall be installed to prevent
backward movement of the
passenger carrying units in case
of failure of the propelling
mechanism .
.0419 SIGNAL SYSTEMS
Signal systems for the
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NORTH CAROLINA REGISTER
starting and stopping of
amusement devices shall be
provided where the operator of
the device does not have a clear
view of the point at which
passengers are loaded or
unloaded. Any code of signals
adopted shall be printed and
kept posted at both operator's
and signalman's stations. All
persons who may use these
signals shall be carefully
instructed in their use.
Signals for the movement or
operation of an amusement device
shall not be given until all
passengers and other persons who
may be endangered are in a
position of safety.
.0420 PUBLIC PROTECTION
An amusement device shall
not be used or operated while
any person is so located as to
be endangered by it . Areas in
which persons may be so
endangered shall be fenced »
barricaded, or otherwise guarded
against public intrusion.
.0421 GUARDING OF MACHINERY
Machinery used in or with
an amusement device shall be
enclosed, barricaded or
otherwise effectively guarded
against contact . Guards removed
for maintenance purposes shall
be replaced before normal
operation is resumed.
.0422 SPEED-LIMITING DEVICES
REQUIRED
An amusement device powered
so as to be capable of exceeding
its maximum safe operating speed
shall be provided with a maximum
speed-limiting device.
.0423 PASSENGER-CARRYING
DEVICES
The interior and exterior
parts of all passenger-carrying
amusement devices with which a
passenger may come in contact
shall be smooth and rounded,
free from sharp, rough or
splintered edges and corners,
with no protruding studs, bolts,
screws or other projections
which might cause injury.
Interior parts upon or against
which a passenger may be
forcibly thrown by the action of
the ride shall be adequately
padded. Devices which are
self-powered and which are
operated by a passenger shall
have the driving mechanism so
guarded and the guards so locked
in place as to prevent
passengers from gaining access
to the mechanism. Such belts,
bars, foot rests and other
equipment as may be necessary
for safe entrance and exit and
for support while the device is
in operation shall be provided.
Such equipment and the
fastenings thereof shall be of
sufficient strength to retain
the passengers. The fastenings
shall be of a type which cannot
be inadvertently released.
.0424 ELECTRICAL SAFETY
REQUIREMENTS
(a) General Requirements.
All electrical wiring,
equipment and apparatus used for
amusement devices or for
lighting shall be properly and
legally installed, operated and
maintained .
(1) Branch Circuits. The
circuit for each ride shall
be protected by fuses or a
circuit breaker at the
junction box or at the
generator .
(2) Disconnecting Means.
Each ride shall be provided
with a main line disconnect
switch or breaker. The
disconnect switch or breaker
shall be located at the
ride. Each branch circuit
on a ride shall be further
provided with a
disconnecting means.
(3) Conductors. Conductors
supplying current to rides
shall be of moisture
resistant construction and
insulated for the maximum
voltage supplied to the
ride .
(4) Grounding. Grounding of
rides shall be by means of
one or more grounding
electrodes driven at the
generator or other service.
The grounding conductor to
each junction box shall be
of sufficient size to carry
the maximum voltage
generated by the system.
Grounding conductors to each
ride shall not be less than
#8 awg. wire size.
(b) Protection of Employees.
No employee shall be suffered or
permitted to work in such
proximity to any part of an
electric power circuit that he
may contact the same in the
course of his work unless he is
protected against shock by
de-energizing the circuit,
grounding it or guarding it, by
effective insulation. If
protection is supplied by
de-energizing the circuit, the
switch controlling the circuit
shall be locked out to prevent
inadvertent closing.
(c) High Voltage Lines.
The outlets of electric power
lines carrying more than 120
NORTH CAROLINA REGISTER
829
volts shall be clearly marked to
show their voltage.
(d) Transformers. All
electrical transformer
sub-stations shall be properly
enclosed and proper warning
signs posted.
(e) Outdoor Apparatus and
Wiring. Electrical apparatus
and wiring located outdoors
shall be of such quality and so
constructed or protected that
exposure to weather will not
interfere with its normal
operation .
(f) Elevated Lines.
Elevated power lines crossing
access or other roads within the
grounds of a carnival, fair or
amusement park shall be so
suspended as to provide minimum
vertical clearance of 12 feet
from the road surface and
minimum horizontal clearance of
three feet on each side of the
normal passage space of
vehicles .
(g) Grounding. Temporary
electric installations shall be
properly grounded.
(h) Exposed Conductors.
Bare wires and other uninsulated
current-carrying parts shall be
guarded against inadvertent
contact by means of proper
location or by fence or other
barrier .
(i) Overcurrent Protection.
Conductors shall be provided
v;ith overcurrent protective
devices according to load. No
such device shall be installed
in neutral or grounding
conductors .
(j) Generator Grounding.
Where electrical power is
supplied for an amusement device
or a temporary structure by a
privately operated generating
system, the generator and all
equipment shall be properly
grounded if the system
incorporates a ground.
(k) Receptacles and Caps.
All receptacles and attachment
caps shall be of the ground
type.
(1) Abrasion Protection.
Wiring laid on surfaces
traversed by vehicular or
pedestrian traffic shall be
adequately protected against
wear and abrasion.
.0425 AIR COMPRESSORS
AND EQUIPMENT
Air compressors, air
compressor tanks and equipment
used in connection therewith
shall be constructed, equipped
and maintained to insure safe
operation at all times. They
shall bo inspected and tested at
least once a year by a qualified
person and a record of oach
inspection shall be kept and
made available to the inspector.
Air compressor tanks and other
air receivers used in connection
with air compressors shall have
the maximum allowable working
pressure conspicuously marked
thereon.
.0426 FIRE PREVENTION
AND PROTECTION
(a) Fire Resistance of
Fabrics. Fabrics constituting
part of an amusement device
shall be fire-resistant to meet
the follov;ing standard: Two
strips or test sections either
of the fabric used or of other
fabric identical therewith shall
be tested. Each strip shall be
not less than six inches wide
and 12 inches long. Each strip
shall be thoroughly dry and
shall then be subjected to an
open flame applied to the lower
edge while the strip is held
vertically for 12 seconds.
Neither strip shall flame for
more than two seconds after the
test flame is removed from
contact nor shall the average
length of char exceed 2-1/2
inches. Such a test is not
required by this Section if
other evidence of the required
degree of fire resistance is
accepted by the commissioner as
sufficient .
(b) Fire Extinguishers.
Approved fire extinguishers
shall be provided where
necessary to secure reasonable
and adequate protection from
fire hazards.
(c) Flammable Waste.
Flammable waste such as oily
rags and other flammable
materials shall be placed in a
covered metal container which
shall be kept in easily
accessible locations. Such
containers shall not be kept at
or near e.xits.
(d) Flammable Liquids and
Gases. Gasoline and other
volatile liquids and flammable
gases when stored shall be kept
in reasonably cool and
ventilated places. Such liquids
shall be in approved safety
cans. They shall not be stored
on or near a device while it is
in operation. Smoking and the
carrying of lighted cigar,
cigarettes or pipes is
prohibited in any area where
such liquids or gases are stored
or are transferred from one
container to another.
.0427 CLEANLINESS
A suitable number of
830
NORTH CAROLINA REGISTER
metal containers for refuse
shall be provided in and around
all amusement devices.
Excessive accumulations of trash
or rubbish shall be promptly
removed. All parts of amusement
devices used by passengers or
customers shall be maintained in
a clean condition.
.0428 SUBSTITUTE DEVICES AND
PARTS
IVhenever the owner or operator
of an amusement device desires
to install or use a substitute
part or device v/hich is not
consistent with the
manufacturer's specifications,
the owner or operator shall be
responsible for proving, to the
satisfaction of the director,
that the use of the substitute
part or device is as safe as the
use of the manufacturer's
specified part or device. The
cost of all testing shall be
borne by the owner or operator.
SECTION .0500 - CIVIL MONEY
PENALTIES
.0501 CIVIL PENALTIES
In civil penalty cases,
the director of the division
shall notify the owner or
operator by certified mail of
the following:
(1) the nature of the
violation;
(2) the amount of the civil
penalty;
(3) the civil penalty
determination will become
final, unless within 15 days
after receiving notice
thereof the employer charged
with a violation and penalty
takes exception to the
determination; and
(4) the procedure for taking
e.xception as provided in Rule
.0502 of this Section.
.0502 EXCEPTIONS TO CIVIL
PENALTY
(a) The owner or operator
must file a written exception to
the civil penalty determination
within 15 days after receipt of
the notification of the civil
penalty or the determination
will become final .
(b) The exception to the
determination must be filed with
the Director, Elevator and
Amusement Device Division, North
Carolina Department of Labor, 4
West Edenton Street, Raleigh,
North Carolina 27601.
(c) No particular form is
prescribed for the exception.
However, the exception should be
typed or clearly written, must
be directed to the issue of the
violations and the assessment,
and must state the reasons why
the owner or operator contends
the determination is in error,
(d) If an exception is filed
within 15 days of receiving
notification of the civil
penalty the employer is entitled
to an administrative hearing
pursuant to Article 3 of Chapter
150B of the North Carolina
General Statutes.
TITLE 15 - DEPARTMENT OF NATURAL
RESOURCES a COMMUNITY
DEVELOPMENT
Notice is hereby given in
accordance with G.S. 1508-12
that the Division of Community
Assistance intends to adopt
regulations cited as 15 NCAC 13N
.0101-. 0604.
The proposed effective date of
this action is September 1,
1987.
Statutory Authority i G.S.
143-323; 143B-276.
The public hearing will be
conducted from 7:00 - 9:00 p.m.
on June 2 at , Wilson Operations
Center, Goldsboro Street*
Wilson, N.C. On June 3 at The
Railroad Depot, 200 S. Main
Street/ Burlington, N.C. On
June 4 at Rotary Auditorium,
Mitchell Community College, West
Broad Street, Statesville, N.C.
Comment Procedures: Comments
may be presented at the public
hearings or mailed to Alice
Beddingf ield. Director, Division
of Community Assistance,
Department of Natural Resources
and Community Development, P. 0.
Box 27687, Raleigh, N.C.
27611-7687.
CHAPTER 13 - DIVISION OF
COMMUNITY ASSISTANCE
SUBCHAPTER 13N - EMERGENCY
SHELTER GRANTS PROGRAM
ADMINISTRATIVE RULES
SECTION .0100 - GENERAL
PROVISIONS
.0101 PURPOSE AND OBJECTIVES
Tho purpose of the North
Carolina Emergency Shelter
Grants Program (hereinafter
referred to as "ESGP") is to
assist families and individuals
who are homeless primarily due
to their economic circumstances,
consistent with this purpose,
ESGP funds will assist local
governments in improving the
quality and availability of
NORTH CAROLINA REGISTER
831
emergency shelters and services
for the homeless in their
community .
.0102 DEFINITIONS
(1) "Act" means the Homeless
Housing Act of 1986, P.L.
99-500, as amended.
(2) "Applicant" means a local
government which makes an
application pursuant to the
provisions of this
Subchapter .
(3) "Chief Elected Official"
means either the elected
Mayor of a City or the
Chairman of a County Board
of Commissioners.
(4) "ESGP" means the state-
administered Emergency
Shelter Grants Program.
(5) "Entitlement Cities"
means those cities in North
Carolina that received their
1986 Community Development
Block Grant allocation
directly from the U. S.
Department of Housing and
Urban Development.
(6) "Local Government" means
any unit of general city or
county government in the
(7) "NRCD" means the North
Carolina Department of
Natural Resources and
Community Development.
(8) "Recipient" means a local
government that has been
awarded an ESGP grant and
has e.xecuted a Grant
Agreement with NRCD.
(9) "Secretary" means the
Secretary of the Department
of Natural Resources and
Community Development or his
designee .
(10) "State" means the state
of North Caolina.
.0103 WAIVERS
The secretary may waive any
requirements of this Subchapter
not required by law whenever he
determines that undue hardship
to applicants, recipients or
beneficiaries will result from
applying the requirements and
where application of the
requirements whould adversely
affect the purposes of the Act .
.0104 ELIGIBLE APPLICANTS
Eligible applicants are all
local governments.
SECTION .0200 - ELIGIBLE AND
INELIGIBLE ACTIVITIES
.0201 ELIGIBLE ACTIVITIES
This Subchapter adopts by
reference as eligible activities
those activities described as
such in the Act and in 24 CFR
575.21(a). Copies of these
sections of federal law and
regulation are available for
public distribution from the
Division of Community Assistance
of NRCD.
.0202 INELIGIBLE ACTIVITIES
This Subchapter adopts by
reference as ineligible
activities those activities
described as such in the Act and
in 24 CFR 575.21(b). Copies of
those sections of federal law
and regulation are available for
public distribution from the
Division of Community Assistance
of NRCD.
SECTION .0300 - DISTRIBUTION
OF FUNDS
.0301 SIZE AND USE OF GRANTS
(a) There is no minimum grant
amount which applicants may
request or be av/arded. Grant
awards shall not exceed ' five
thousand dollars ($5,000) in
ESGP funds per applicant per
year, except in the case of
entitlement cities which may
request and be awarded ESGP
funds up to the amount shown on
the "ESGP Entitlement Allocation
Table" published by the Division
of Community Assistance of NRCD.
Copies of this table are
available for public
distribution from the Division
of Community Assistance of NRCD.
(b) Notwithstanding the
provisions of Paragraph .0301(a)
above, NRCD reserves the right
to decrease the requested grant
amounts in the event that the
total amount of funds requested
exceeds the total amount of
funds available. NRCD also
reserves the right to increase
requested grant amounts and
award grants exceeding the five
thousand dollars ($5,000) limit
if the total amount of funds
requested is less than the total
amount of funds available.
.0302 REALLOCATION
Any ESGP funds recaptured by
NRCD, as provided for in Rule
.0604 and Rule .0505 of this
Subchapter, may be distributed
to grant recipients in a manner
to be prescribed by NRCD.
.0303 GENERAL APPLICATION
REQUIREMENTS
(a) Local governments are
required to submit applications
in a manner prescribed by NRCD
in order to be considered for
funding. Selection of
applications for funding will be
based primarily on information
contained in the application.
832
NORTH CAROLIN.;. REGISTER
thus applications must provide
sufficient information for NRCD
to evaluate them. Applicants
may apply for more than one
grant and be awarded more than
one grant, providing the total
amount of grants awarded to an
applicant does not exceed the
maximum limits described in rule
.0301 of this Section.
(b) NRCD shall designate
specific dates for submission of
ESGP grant applications. Grant
application submission dates
will be announced by NRCD at
lea^t 20 days before the date
applications are due.
(c) Applications must be
received by NRCD administrative
offices in Raleigh before 5:00
p.m. on the submission date or,
if sent by mail, must be
postmarked on the submission
date.
(d) The applicant shall
certify to NRCD that it will
comply with all applicable
federal and state laws,
regulations, rules and executive
orders. Copies of these federal
and state documents are
available for public
distribution from the Division
of Community Assistance of NRCD.
(e) Applicants must comply
with the Act, all applicable
federal and state laws,
regulations, rules, executive
orders and guidelines issued by
NRCD.
SECTION .0400 - GRANT SELECTION
PROCESS
.0401 ELIGIBILITY REQUIREMENTS
(a) Applications must show
that funds received under ESGP
will be expended within 180 days
after the date that NRCD makes
the grant available to the
recipient. Applications that do
not meet this requirement will
not be rated or funded.
(b) Applications must show
that matching resources required
by the federal government are
available. Applications that do
not meet this requirement will
not be rated or funded.
.0402 EVALUATION FACTORS
(a) Applications will be
selected for funding by NRCD
based on overall project
quality, geographic distribution
of applicants, and the
availability of ESGP funds.
(b) Project quality will be
determined by NRCD based on the
following factors:
(1) Benefits of proposed
activitites to homeless
persons, including type and
number of both current and
new beneficiaries;
(2) Feasibility of the
proposed activities,
including:
(A) Local resources for
sheltering the homeless;
(B) Local commitment to
continue the program to be
assisted with ESGP Funds.
SECTION .0500 - GRANT
ADMINISTRATION
.0501 GRANT AGREEMENT
(a) Upon approval of the
application by NRCD, a written
grant agreement will be executed
between the recipient and NRCD.
The rules in this Subchapter,
subsequent quidelines prepared
by NRCD, the approved
application, and any subsequent
amendments to the approved
application shall become a part
of the grant agreement.
(b) The grant agreement in
its original form and all
modifications thereto shall be
kept on file in the office of
the recipient in accordance with
rule .0504 of this Section.
(c) ESGP Program amendments.
Recipients shall request prior
NRCD approval for all amendments
to the grant agreement whem
(1) The recipient proposes to
change the approved project
budget amount for any of the
three categories of eligible
activities as described in
24 CFR 575.21(a).
(2) The recipient proposes to
distribute all or part of
their grant (s) to programs
or agencies other than
originally approved in the
application.
(d) NRCD reserves the right
to disallow any proposed
amendment to the grant
agreements .
.0502 METHOD OF ADMINISTRATION
(a) Recipients may delegate to
statutorily authorized
subrecipients the responsibility
of undertaking or carrying out
ESGP activities. All entities
so designated under this
Subparagraph by recipients to
undertake or carry out ESGP
activities pursuant to this
Subchapter shall be considered
subrecipients .
(b) Recipients may contract
with any person, association, or
corporation in undertaking
specified ESGP activities.
(c) NRCD shall make payments
of ESGP funds to recipients on a
cost-reimbursement or
cost-incurred basis. A
recipient may request up to
NORTH CAROLINA REGISTER
833
three (3) payments of ESGP grant
funds per grant in the manner
prescribed by NRCD .
.0503 PROPERTY MANAGEMENT
STANDARDS
(a) Property acquired with
ESGP grant funds shall be used
to provide benefits to the
homeless .
(b) Recipients and
subrecipients are encouraged to
use proceeds from the
disposition of property acquired
with ESGP funds in a manner
which provides benefit to the
homeless in their community.
.0504 RECORDKEEPING
(a) NRCD, or any of NRCD's
duly authorized representatives,
shall have access to all books,
accounts, records, reports,
files, and other papers or
property of recipients or their
subrecipients and contractors
pertaining to funds provided
under this Subchapter for the
purpose of making surveys,
audits, e.xaminations, excerpts
and transcripts.
(b) Financial records,
supporting documents and all
other reports and records
required under this Subchapter,
and all other records pertinent
to the ESGP Program shall be
retained by the recipient for a
period of at least one year from
the date of the closeout of the
program, or longer in the
following circumstances:
(1) Records documenting
compliance with 24 CFR
575.53 shall be kept for the
period of compliance;
(2) Records shall be retained
until all litigations,
claims, or audit findings
involving the records have
been resolved.
(c) All records shall be
sufficient to determine
compliance with the requirements
and primary objectives of the
ESGP Program and all other
applicable laws and regulations.
All accounting records shall be
supported by source
documentation and show
compliance with Rule .0503 of
this Section.
.0505 GRANT CLOSEOUTS
ESGP grants will be closed
out by NRCD in the following
circumstances :
(1 ) NRCD will initiate
closeout procedures after
NRCD determines, in
consultation with the
recipient, that there are no
impediments to closeout and
that all ESGP funds have been
expended .
(2) Termination of grant for
mutual convenience. Grant
assistance provided under
this Subchapter may be
cancelled, in whole or in
part, by NRCD or the
recipient, prior to the
completion of the approved
ESGP Program, when both
parties agree that the
continuation of the program
no longer is feasible or
would not produce beneficial
results commensurate with the
further e.xpenditure of funds.
(3) Termination for cause.
The secretary may terminate
the recipient's entire grant,
or the remaining balance
thereof, in accordance with
Rule .0604 of this
Subchapter .
SECTION .0600 - COMPLIANCE AND
REPORTING REQUIREMENTS
.0601 COMPLIANCE
Recipients shall have
responsibility for ensuring that
ESGP funds are expended as
stated in their grant agreement
and in conformance with all
applicable federal and state
laws, regulations, and
guidelines, regardless of
whether activities are carried
out by the recipient or a
subrecipient . NRCD may
prescribe procedures for
ensuring compliance with the
provisions of this Rule.
.0602 REPORTING
(a) NRCD may require
recipients to provide an interim
performance report in a form
prescribed by NRCD. Recipients
will be notified at least 20
days before the report will be
due .
(b) The recipient shall
submit an Annual Performance
Report to NRCD no later than 210
days after the date that NRCD
makes the grant available to the
recipient. The annual
performance report shall be in a
form prescribed by NRCD.
.0603 MONITORING BY NRCD
(a) The secretary may evaluate
activities conducted under this
Subchapter and their
effectiveness in meeting the
objectives of the ESGP program.
(b) The secretary may conduct
such evaluations using NRCD
personnel, or by contract or
other arrangement with public or
private agencies.
.0604 REMEDIES
834
NORTH CAROLINA REGISTER
When the secretary determines
on the basis of a review of a
recipient's performance that the
objectives of an ESGP program
described in the grant agreement
have not been met, NRCD may take
one or more of the following
actions as appropriate)
(1) Issue a warning letter
that further failure to
comply with such requirements
will result in a more serious
sanction;
(2) condition a future grant;
(3) Direct the recipient to
stop the incurring of costs
with grant amounts;
(4) Require that some or all
of the grant amounts be
remitted to NRCD;
(5) Reduce the level of funds
the recipient would otherwise
be entitled to receive; or
(6) Elect not to provide
future grant funds to the
recipient until appropriate
actions are taken to ensure
compliance .
NORTH CAROLINA REGISTER
835
FINAL RULES
When the text of any adopted
rule differs from the text of
that rule as proposed, upon
request from the adopting
agency, the text of the adopted
rule will be published in this
section.
When the text of any adopted
rule is identical to the text of
that as proposed, adoption of
the rule will be noted in the
"List of Rules Affected" and the
text of tlie adopted rule will
not be republished.
Adopted rules filed by the
Departments of Correction,
Revenue and Transportation are
published in this section.
These departments are not
subject to the provisions of
G.S. 150B, Article 2 requiring
publication of proposed rules.
TITLE 5 - DEPARTMENT OF
CORRECTION
CHAPTER 2 - DIVISION OF
PRISONS
SUBCHAPTER 2F - CUSTODY AND
SECURITY
SECTION .2300 - INMATE
MATERNITY LEAVE
PROGRAM
.2301 PURPOSE
The Inmate Maternity Leave
Program is designed to provide
temporary in-state leave
privileges for selected minimum
custody inmates who give birth
to children while committed to
the custody of the North
Carolina Department of
Correction. Inmates will be
selected for this program based
on the potential benefits to
newborn children of
post-delivery bonding.
Inmate Maternity Leave will
be subject to the following
restrictions :
( 1 ) An inmate may take Inmate
Maternity Leave only in the
home of one of the inmate's
legal relatives. The legal
relative in question must
also be the caretaker
approved by the local
Department of Social Services
to assume responsibility for
the child of the inmate when
the mother returns to prison.
(2) Inmates who have rejected
or who have been denied
postponement of sentencing on
grounds of pregnancy under
provisions of G.S.
15A-1353(a) are not eligible.
(3) Inmate Maternity Leave
will begin no sooner than and
immediately after discharge
of mother and infant from
medical facilities at which
the birth has occurred.
Leave may be granted prior to
delivery only in
extraordinary circumstances.
For example, leave may be
granted in cases where
inmates have arranged for
maternity care at their own
expense or at the expense of
agencies other than the
Department of Correction.
Such arrangements must be
made in accordance with
Division of Prisons Health
Care Policy 710.
(4) Inmate Maternity Leave
may be awarded for as little
as one day but under no
circumstances will it exceed
a total of 60 days.
History Note: Statutory
Authority G.S. 148-4;
148-11;
Eff. April 1, 1987.
.2302 PROCEDURE
(a) Requests to Participate.
(1) Application. Any
pregnant inmate, regardless
of where incarcerated, who
desires to participate in
the Inmate Maternity Leave
Program must make a written
application to participate
to the Superintendent of the
North Carolina Correctional
Center for Women. The
request must be made at
least six weeks prior to the
anticipated date of birth to
allow time for processing.
The Superintendent of the
North Carolina Correctional
Center for Women shall
provide a form entitled
"Application for Inmate
Maternity Leave" to every
pregnant inmate who, having
been informed about the
program, desires to apply.
(2) Case Reviews. The
Superintendent of the North
Carolina Correctional Center
for Women will ensure that a
documented case review is
made for each inmate who
applies for participation in
the Inmate Maternity Leave
Program.
(3) Grounds for Denial. The
Superintendent of the North
Carolina Correctional Center
for Women may deny or
withdraw approval for
participation in the program
on the basis of any of the
following conditions:
(A) Sentence Length.
836
NORTH CAROLINA REGISTER
A total sentence length
upon commitment which is
greater than 5 years;
(B) Pending Criminal
Charges. Pending criminal
charges in any
jurisdiction;
(C) Recidivism. Evidence
of one or more previous
commitments within the
prison system of any
jurisdiction;
(D) Violation of Probation.
A current commitment as a
result of probation
violationC s ) ;
(E) Institutional Record.
An institutional record of
two or more major offenses
within the six months
prior to anticipated date
of delivery;
(F) Record of Violence. A
record of violent or
aggressive behavior, child
abuse, or child neglect;
(6) Record of Drug Abuse.
A record of serious drug
usage, any drug
trafficking or sales, or
other serious substance
abuse;
(H) Rejection of Sentence
Postponement . Evidence
that the inmate has
rejected postponement of
service of sentence on
grounds of pregnancy under
G.S. 15A-1353(a);
(I) Denial of Sentence
Postponement. Evidence
that the inmate has been
considered for and denied
postponement of service of
sentence on grounds of
pregnancy under G.S.
15A-1353(a). Any inmate
who is pregnant at the
time she begins serving
her sentence shall be
presumed to have been
considered for and denied
postponement of service of
sentence in the absence of
information from the court
of record that she has not
been considered for and
denied postponement of
service of sentence on
grounds of pregnancy;
(J) Objection by the
Sentencing Court.
Evidence that officials of
the sentencing court
object to maternity leave
for the inmate;
(K) Denial or Revocation of
Certification by Social
Services. Evidence that
the local Department of
Social Services refuses to
certify the home of the
caretaker for the mother
and child;
(L) Psychiatric
Recommendations. Negative
psychiatric and
psychological assessments
and evaluations; and
(M) Threats to Public
Safety and the General
Welfare. Other specific
conditions which threaten
public safety or the
health and general welfare
of child and/or mother.
(4) Inmate Maternity Leave
Program Plan. For any
inmate who qualifies on the
basis of conditions
specified above, the
Superintendent of the North
Carolina Correctional Center
for Women will prepare a
"Maternity Leave Program
Plan". This shall include,
in the order given, the
following completed forms
and documents:
(A) Inmate Maternity Leave
Checklist. This form
documents that all
eligibility requirements
have been satisfied and
that all documents of the
plan are in order;
(B) Inmate Maternity Leave
Form. This form from the
sentencing court
establishes whether the
inmate did or did not
reject postponement or
have postponement of
service of sentence denied
under provisions of G.S.
15A-1353(a);
(C) Local Department of
Social Services Home
Certification for Newborn
Children. This form
documents that the
proposed home is
acceptable for the child
in question;
(D) Relative Caretaker
Agreement . This
establishes that the adult
relative(s), who will be
responsible for the inmate
and child, agree(s) to
accept this
responsibility;
(E) Psychological
Assessment ;
(F) Emergency Termination
Plan in DC 142 and in The
Relative Caretaker
Agreement (above);
(G) Local Law Enforcement
Notification Form;
(H) Response from the
Prosecuting District
Attorney;
(I) Temporary Leave
Form (DC-325);
(J) Extension of Limits
Form CDC 142). This will
be modified as appropriate
NORTH CAROLINA REGISTER
837
in individual cases to
accommodate inmate
maternity leave;
(K) Local Monitoring Plan;
(L) Inmate Maternity Leave
Agreement. This agreement
establishes that ■ the
inmate agrees to all
specific conditions
established for her own
inmate maternity leave;
(M) Medical Clearance;
(N) Institutional
Classification Form (DC
121 ).
(b^ Approval. The
Superintendent of the North
Carolina Correctional Center
for Women shall recommend
approval or disapproval of
each Application for Inmate
Maternity Leave. The
Secretary of Correction or
designee shall be the
approving authority for the
Inmate Maternity Leave
Program .
(c) Monitoring.
(1) The responsibility for
monitoring inmates on
maternity leave is assigned
to the Superintendent of the
North Carolina Correctional
Center for Women and local
parole or probation
officers .
(2) The Superintendent
shall notify the Director of
the Division of Adult
Probation and Parole or
designee whenever an inmate
is placed on inmate
maternity leave. The
director shall ensure that
the inmate is monitored at
home on a face-to-face basis
during an unannounced visit
at least once every week for
the duration of the inmate's
maternity leave.
(3) Local Department of
Social Services monitoring
reports may also be used in
determining if the inmate on
leave is fulfilling the
terms of the Inmate
Maternity Leave Plan.
(4) Additionally, reports
from the adult relative(s)
who are signatories to the
Relative Caretaker Agreement
may be used to assist
Department of Correction
officials in determining
whenever leave compliance is
sufficiently changed to
warrant leave termination.
(d) Modifications. When
changes in the terms of an
Inmate Maternity Leave Plan
appear to be advisable or
required, these changes shall be
proposed, documented, and
approved in the same manner
required for initial approval of
the plan.
(e) Gain Time. Inmates on
inmate maternity leave shall not
receive gain time for time spent
away from the North Carolina
Correctional Center for Women.
(f) Custody Level. Inmates
on inmate maternity leave will
be in Minimum Custody Level III
for the duration of their
leaves. Upon termination of
inmate maternity leave, the
custody level and privileges of
inmates will be reviewed.
History Note: Statutory
Authority G.S. 148-4;
148-11;
Eff. April 1, 1987.
.2303 TERMINATION OF LEAVE.
(a) Emergency Termination.
If rule violations or other
emergency conditions occur, the
Superintendent of the North
Carolina Correctional Center for
Women may terminate Inmate
Maternity Leave prematurely.
Inmate Maternity Leave may be
terminated prematurely based
upon any of the following:
(1) Use of alcohol, of drugs
or of other illegal
substances, or abuse of
prescription medications;
(2) Association with known
criminals;
(3) Acceptance of gainful
employment;
(4) Incurrence of
indebtedness without agency
approval;
(5) Violation of state or
local laws;
(6) Travel, without approval,
beyond the agreed limits in
the Maternity Leave Plan,
specifically the DC-142ML
and Inmate Maternity Leave
Agreement Forms;
(7) Engaging in activities
prohibited by specific leave
conditions. Department of
Correction policy, or laws
imposed upon inmates or
persons with restrictive
citizenship; and
(8) Contact with the victims
of the crimes for which the
inmate is serving time
without specific
authorization .
(b) Disciplinary Action. Any
inmate who violates conditions
specified in the Extension of
Limits Form or who fails to
report to the Correctional
Center for Women at the end of
the leave period or who fails to
report to appropriate
authorities in cases of
emergencies shall be subject to
disciplinary action for
838
NORTH CAROLINA REGISTER
violation of offense number(s)
24, 25, and or any other
applicable offense(s).
(c) Routine Termination. Any
Inmate awarded inmate maternity
leave must report to the
Superintendent of the North
Carolina Correctional Center for
Women by the date and time
specified on the Temporary Leave
Form included in her Inmate
Maternity Leave Program Plan.
History Note: Statutory
Authority G.S. 148-4;
148-11;
Eff. April 1, 1987.
.2304 DESIGN AND
EVALUATION
(a) The Superintendent of the
North Carolina Correctional
Center for Women shall be
responsible for design and
evaluation of training and
treatment components of the
Inmate Maternity Leave Program.
The superintendent shall prepare
an annual evaluation report for
the Director of Prisons which
shall be due one month after the
end of the calendar year.
(b) This report shall
include, but need not be limited
to, the following statistical
information:
(1) Number of pregnant
inmates admitted to the
North Carolina Department of
Correction during the year
by length of sentence, by
month and day of pregnancy
upon commission of the crime
for which sentenced, by
month and day of pregnancy
when arrested, by month and
day of pregnancy upon
sentencing and commitment,
by county, and by area of
origin;
(2) Number and percentage
of pregnant inmates admitted
during the year who applied
for maternity leave;
(3) Number of inmates, of
those who applied for inmate
maternity leave, who were
awarded inmate maternity
leave by county and area of
origin;
(4) Of those inmates who
were denied inmate maternity
leave, the number , and
percentage who were
ineligible on the basis of
each of the Grounds for
Denial listed herein or for
other reasons;
(5) Number and percentage
of inmates whose inmate
maternity leaves were
terminated prematurely and
reasons for, these
terminations;
(6) Number and percentage
of pregnant inmates who were
awarded inmate maternity
leave, prior to delivery, on
the basis of Division of
Prisons Health Care Policy
710.
History Note: Statutory
Authority G.S. 148-4;
148-11;
Eff. April 1, 1987.
NORTH CAROLINA REGISTER
839
NORTH CAROLINA ADMINISTRATIVE CODE
LIST OF RULES AFFECTED
EDITION XI, NO. 5
AGENCY
CORRECTION
5
NCAC 2F .2201 -.2205
CULTURAL RESOURCES
7 NCAC 4R .0401 -.0410
n .0501-. 0504
EFFECTIVE: March 1, 1987
ACTION TAKEN
Adopted
Repealed
Adopted
GOVERNOR'S OFFICE
9 NCAC
2
Executive Order Number 31
HUMAN RESOURCES
1 0 NCAC
3N
.0101-
.0106
Repealed
.0201-
.0203
Repealed
.0301-
.0321
Repealed
.0401-
.0404
Repealed
.0501-
.0524
Repealed
4B
.0101
Amended
.0102-
.0103
Repealed
.0104-
.0105
Amended
.0106
Repealed
.0108-
.0109
Amended
.0201-
.0208
Repealed
7A
.0503
.0503
Temp. Adopted
Expires 5-31-87
Adopted
26H
.0507
Adopted
INSURANCE,
1 1 NCAC
10
.0304
.0304
.0312
.0312
Temp . Amended
Expires 5-31-87
Amended
Temp Adopted
E.xpires 5-31-87
Adopted
LABOR
1 3 NCAC
5
.0104
.0213
.0301
Amended
Adopted
Amended
7C
.0102
Amended
NATURAL RESOURCES
AND
COMMUNITY DEVELOPMENT
1 5 NCAC
3A
.0003
Repealed
38
.0304
.0310
.0504
Amended
Adopted
Amended
6C
.0404
.0407
Amended
Amended
lOF
.0303
.0322
Amended
Amended
16D
.0201
Amended
PgVENUE
1 7 NCAC
6B
.3802
Amended
7B
.2801
.4601
.5445
Amended
Amended
Adopted
7C
.0204
amended
9F
.0001-
.0003
Amended
9G
.0102
Amended
0105-
.0106
Amended
.0201
Amended
.0203-
.0204
Amended
.0301
Amended
840
NORTH CAROLINA RLGISTER
9H
91
9J
.0303
.0305
.0307
.0401
.0403
.0501
.0507
.0511
.0513
.0515
.0102
.0201
.0204
.0206
.0301
.0303
.0402
.0404
.0407
.0408
.0101
.0102
.0202
.0304
.0401
.0501
.0506
.0201
.0203
.0404
,0505
.0510
.0514
,0103
,0203
,0205
.0304
,0403
-.0103
,0403
,0504
-.0204
Amended
Repealed
Repealed
Amended
Amended
Amended
Amended
Repealed
Amended
Repealed
Amended
Amended
Repealed
Amended
Amended
Amended
Amended
Repealed
Amended
Adopted
Repealed
Amended
Amended
Amended
Amended
Amended
Adopted
Amended
Amended
BOARD OF CPA EXAMINERS
21 NCAC 8G
EC
.0107
.0201
.0203-
.0301-
.0305
.0308-
.0504-
.0101-
.0201-
.0301
.0303
.0402
.0501-
.0504
.0601
.0701
.0801-
.0901-
.0904
.0909
.0911
.0101-
.0104-
.0201
.0205
.0301-
.0304-
.0401-
.0501-
.0101-
.0103
.0108
.0111
.0307
.0101
.0103
.0106
.0202
.0204-
BOARD OF MEDICAL EXAMINERS
21 NCAC 32B .0101
.0201
80
8E
8F
8G
8K
.0204
,0303
,0309
,0506
,0102
,0205
,0502
,0804
,0902
,0102
,0105
.0302
.0305
.0402
.0502
,0102
,0208
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Amended
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Amended
Amended
NORTH CAROLINA REGISTER
841
BOARD
OF
PHARMACY
21
NCAC
STATE
PERSONNEL
25
NCAC
46
.1503
.2001
.2401-. 2403
1C .0413
ID .0504
.0507-. 0508
.0510-. 0517
OFFICE OF ADMINISTRATIVE HEARINGS
26 NCAC 3 .0014
.0021
Amended
Amended
Adopted
Adopted
Amended
Repealed
Adopted
Amended
Amended
842
NORTH CAROLINA REGISTER
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15
16
17
18
19A
20
X21
22
23
24
25
26
DEPARTMENT
Administration^ Department of
Agriculture > Department of
Auditor* Department of State
Commerce/ Department of
Correct ions > Department of
Council of State
Cultural Resources, Department
Elections/ State Board of
Governor
Human Resources, Department of
Insurance, Department of
Justice, Department of
Labor, Department of
Crime Control, Department of
Natural Resources and Community Development
Education, Department of
Revenue, Department of
Secretary of State
Transportation, Department of
Treasurer, Department of State
Occupational Licensing Boards
Administrative Procedures
Community Colleges, Department of
Independent Agencies
Personnel, Department of State
Office of Administrative Hearings
NOTEi Title 21 contains the chapters of the various
occupational licensing boards.
CHAPTER
LICENSING BOARD
2
4
6
8
10
12
14
16
18
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
46
48
50 »
52
53
54
56
58
60
62
64
66
Architecture, Board of ,
Auctioneers, Commission for
Barber Examiners, Board of
Certified Public Accountant Examiners
Chiropractic Examiners, Board of
Contractors, Licensing Board for
Cosmetic Art Examiners, Board of
Dental Examiners, Board of
Electrical Contractors, Board of Exauniners
Foresters, Board of Registration for
Geologists, Board of
Hearing Aid Dealers and Fitters Board
Landscape Architects, Licensing Board of
Landscape Contractors, Registration Board of
Law Examiners, Board of
Martial & Family Therapy Certification Board
Medical Examiners, Board of
Midwifery Joint Committee
Mortuary Science, Board of
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapist, Board of
Opticians, Board of
Optometry, Board of Examiners in
Osteopathic Examination and Registration
Pharmacy, Board of
Physical Therapy, Examining Committee of
Plumbing and Heating Contractors, Board of
Podiatry Examiners, Board of
Practicing Counselors, Board of
Practicing Psychologists, Board of
Professional Engineers and Land Surveyors
Real Estate Commission
Refrigeration Examiners, Board of
Sanitarian Examiners, Board of
Speech and Language Pathologists and
Audiologists, Board of Examiners of
Veterinary Medical Board
NORTH CAROLINA REGISTER
843
CUMULATIVE INDEX
(April 1, 1986 - March 31, 1987)
1986 - 1987
Pages Issue
1-73 April
74-97 May
98-132 June
133 - 222 July
223 - 379 August
380 - 415 September
416 - 553 October
554 - 598 November
599 - 670 December
671 - 761 January
762 - 806 February
807 - 847 March
AO - Administrative Order
AG - Attorney General's Opinions
C - Correction
E - Errata
EO - Executive Order '
FDL - Final D<3cision Letters
FR - Final Rule
GS - General Statute
JO - Judicial Order
LRA - List of Rules Affected
M - Miscellaneous
NP - Notice of Petitions
PR - Proposed Rule
SO - Statements of Organization
TR - Temporary Rule
ADMINISTRATION
Administrative Analysis, 614 PR
Auxiliary Services, 611 PR, 677 PR
Clean Water Bond Act, 810 PR
Council on Children and Youth, 681 PR
Departmental, 606 PR
Office of Marine Affairs, 382 PR
Public Telecommunications, 614 PR
Purchase and Contract, 423 PR
State Employees Combined Campaign, 430 PR, 681 PR
State Property, 677 PR
Youth Advisory Council, 680 PR
ADMINISTRATIVE ORDERS
Beecher Reynolds Gray, 47 AO
Fred Gilbert Morrison, Jr., 48 AO
Angela Rebecca Brvant, 49 AO
Thomas R. West, 50 AO
Abraham Penn Jones, 98 AO
Administrative Law Judges, 248 AO
Margaret Eugenia Rogers, 419 AO
Kenneth Wayne Patterson, 420 AO
Robert R. Reilly, Jr., 673 AO
Dolores Del Gaudio Nesnow, 809 AO
AGRICULTURE
Dept. of Agriculture, 250 SO, 558 PR
Food and Drug Protection Division, 99 PR, 255 PR, 557 PR, 810 PR
Gasoline and Oil Inspection, 683 PR
Markets, 559 PR
Pesticide Board, 811 PR
Plant Industry, 256 PR
Standards Division, 558 PR
844 NORTH CAROLINA REGISTER
structural Pest Control, 557 PR, 599 C, 768 PR
ATTORNEY GENERAL'S OPINIONS
Employee Insurcuice Committees, 603 AG
COMMERCE
ABC Commission, 615 PR
Banking Commission, 689 PR
Cemetary Commission, 559 PR
Milk Commission, 74 PR, 135 PR, 260 PR, 689 PR
Savings and Loan, 78 PR, 560 PR
COMMUNITY COLLEGES
Community Colleges, 210 PR, 534 PR
CORRECTION
Division of Prisons, 213 FR, 347 FR. 575 FR, 661 FR, 782 FR> 836 FR
Parole Commission, 663 PR
CRIME CONTROL & PUBLIC SAFETY
ALE, 631 PR
CULTURAL RESOURCES " ■
Archives and History, 78 PR
Battleship Commission, 388 PR
Roanoke Voyages & Eliz. II, 261 PR
EDUCATION
Elementary and Secondary, 779 PR
EXECUTIVE ORDERS
Executive Orders
1-25,
23 EO
26,
247 EO
27,
416 EO
28,
417 EO
29,
554 EO
30,
672 EO
31,
762 EO
32,
807 EO
33,
807 EO
FINAL DECISION LETTERS
Voting Rights Act, 249 FDL, 421 FDL, 555 FDL, 600 FDL, 674 FDL, 763 FDL
GENERAL STATUTES
Chapter 7A, 21 GS, 244 GS
Chapter 150B, 3 GS, 226 GS, 380 C
Chapter 1028, 223 GS
HUMAN RESOURCES
Child Day Care, 281 PR, 631 PR
Children Services, 103 PR
Departmental, 691 PR, 767 SO
Facility Services, 270 PR
Food Assistance, 103 PR
Health Services, 169 PR, 388 PR, 434 PR, 563 PR, 698 PR, 770 PR, 811 PR
Individual and Family Support, 103 PR, 671 C
Medical Assistance, 181 PR, 389 PR, 501 PR
Medical Care Commission, 433 PR, 769 PR
Medical Services, 101 PR
Mental Health Retardation
and Substance Abuse, 80 PR, 298 PR, 350 FR, 380 C, 720 PR, 729 PR
Services for the Blind, 727 PR
Social Services, 390 PR, 616 PR
Youth Services, 85 PR, 309 PR
INDEPENDENT AGENCIES
Housing Finance, 658 PR, 740 PR
INSURANCE
Agency Services, 313 PR
Company Operations, 503 PR
Engineering & Building, 321 PR, 564 PR, 730 PR
Fire and Casualty, 501 PR
NORTH CAROLINA REGISTER 845
Medical Database, 565 PR
JUDICIAL ORDERS
Appointment
Robert A. Melott, 45 JO
JUSTICE
Alaria Systems Licensing, 556 SO, 730 PR
Education and Training Standards, 322 PR
Police and Information Network, 107 PR
Private Protective Services, 556 SO, 771 PR
Sheriff's Education, 332 PR
LABOR
Boiler and Pressure Vessel, 86 PR, 189 PR, 338 PR
Ele.vator Division, 517 PR, 816 PR
LICENSING BOARD
Architecture, 734 PR
C P A Examiners, 112 PR, 133 SO, 529 PR, 734 PR, 781 PR
Dental Examiners, 399 PR, 533 PR
General Contractors, 573 PR
Medical Examiners, 92 PR, 399 PR
Midwifery Joint Committee, 422 SO
Mortuary Science t 534 PR
Nursing, 422 SO, 574 PR
Occupational Therapy, 206 PR
Pharmacy, 208 PR
Plumbing and Heating Contractors, 116 PR
Real Estate Commission, 401 PR
Social Work, 653 PR
Veterinary Medical Board, 341 PR
LIST OF RULES AFFECTED
Volume 10, No . 1
(April 1, 1986), 71 LRA
Volume 10, No. 2
(May 1, 1986), 94 LRA
Volume 10, No. 3
(June 1, 1986), 127 LRA
Volume 10, NO. 4
(July 1, 1986), 217 LRA
Volume 10, No. 5
(August 1, 1986), 374 LRA
Volume 10, No. 6
(September 1, 1986), 410 LRA
Volume 10, No. 7
(October 1, 1986), 548 LRA
Volume 11, No. 1
(November 1, 1986), 594 LRA
Volume 11, No. 2
(December 1, 1986), 665 LRA
Volume 11, No. 3
(January 1, 1987), 755 LRA
Volume 11, No. 4
(February 1, 1987), 800 LRA
Volume 11, No. 5
(March 1, 1987), 840 LRA
MISCELLANEOUS
Federal Rule Amendment, 381 M
NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
Natural Resources & Comunity Development, 133 SO
Coastal Management, 112 FR, 401 FR, 571 PR, 733 PR
Community Assistance, 831 PR
Departmental Rules, 109 PR, 118 FR
Economic Opportunities, 528 PR
Employmental and Training, 111 PR
Environmental Management. 88 PR, 190 PR, 339 PR, 396 PR, 520 PR
632 PR
Forest Resources, 126 FR
Marine Fisheries, 191 PR
Soil and Water, 90 PR, 521 PR
846 NORTH CAROLINA REGISTER
Wastewater Treatment, 397 PR
Wildlife Resources and Water Safety, 110 PR, 205 PR, 340 PR, 398 PR
422 SO, 527 PR, 634 PR
NOTICE OF PETITIONS
Municipal Incorporations, 676 NP
OFFICE OF ADMINISTRATIVE HEARINGS
Office of Administrative Hearings, 51 SO
General, 52 PR, 345 PR
Hearings Division, 61 PR, 345 PR, 369 FR
Rules Division, 52 PR, 367 FR
706 Deferral, 543 PR
REVENUE
Corporate Income Tax, 350 FR
Departmental, 663 FR
Individual Income Tax, 351 FR, 593 FR, 748 FR
Intangible Tax, 366 FR
Motor Fuels Tax, 787 FR
Sales & Use Tax, 363 FR, 785 FR
SECRETARY OF STATE
Notary Public, 91 PR, 367 FR
STATE PERSONNEL
State Personnel Commission, 343 PR, 538 PR, 659 PR
STATE TREASURER
Local Government Commission, 529 PR
STATEMENTS OF ORGANIZATION
Agriculture, 250 SO
Alarm System Licensing, 556 SO
CPA Examiners, 133 SO
Midwifery Joint Committee, 422 SO
Natural Resources and Community Development, 133 SO
Nursing, 422 SO
Office of Administrative Hearings, 51 SO
Private Protective Services, 556 SO
Wildlife Resources Commission, 422 SO
TRANSPORTATION
Department of Transportation, 213 FR, 367 FR, 546 FR, 754 FR
NORTH CAROLINA REGISTER 847
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NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
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